^FACULTIES  OF  PASTORS 
AND  CONFESSORS^ 

FOR  ABSOLUTION  AND  DISPENSATION 
According  to  the  Code  of  Canon  Law 


Qk*  BY 

J.  SIMON,  O.S.M. 


NEW  YORK 
JOSEPH  F.  WAGNER,  Inc. 

London:  B.  HERDER 


Ntijtl  ©batat 

PHILIP  BURKE,  O.S.M. 


Provincial 


Jmprtmt  Potest 

ALOYSIUS  TABANELLI,  O.S.M. 

Prior  General 

NUjtt  C0batat 

ARTHUR  J.  SCANLAN,  S.T.D. 

Censor  Librorum 

Jtnprtauifar 

4- PATRICK  J.  HAYES,  D.D. 

Archbishop  of  New  York 


New  York,  October  2, 1922. 


Copyright,  192a,  by  Joseph  F.  Wagner,  New  Yore 


FOREWORD 

Adapted  substantially  from  the  work  of  P.  Emil 
Seiter,  C.S.Sp.,  Die  Absolutions — und  Dispensvoll- 
tnachten  der  Seelsorger  und  Beichtvdter  (ed.  1921), 
with  the  author's  permission,  this  book  aims  primarily 
to  be  of  service  to  pastors  and  confessors,  by  outlining 
for  them  precisely  and  clearly  the  faculties  for  absolu- 
tion and  dispensation  which  they  may  have,  chiefly 
as  granted  by  the  Code  itself.  References  to  Canon 
Law  as  existing  previous  to  the  coming  into  force  of 
the  Code,  have  been  omitted  for  the  sake  of  clarity, 
so  that  present  actual  legislation  might  be  more  forcibly 
presented. 

In  countries  like  America,  where  ecclesiastical 
organization  is  yet  rounding  to  perfection,  there  is 
need  of  increased  knowledge  and  application  of  the 
Code  of  Canon  Law,  that  stupendous  and  most  magni- 
ficent work  of  modern  legislation.  This  book,  by  its 
continual  references  to  the  Code,  may  promote  better 
acquaintance  with  the  latter's  provisions,  so  that  the 


iv  FOREWORD 

priest  of  God  may  indeed  be  ad  omne  opus  bonum 
instructus  (2  Tim.  iii.  17).  Ordinaries,  likewise,  may 
find  these  pages  useful  in  composing  the  diocesan 
pagella  of  faculties.  To  seminarians  this  summary 
will  be  of  assistance  in  the  study  of  some  intricate 
phases  of  Canon  Law  and  Moral  Theology. 

May  the  following  brief  review  of  some  of  its 
organic  regulations  serve  for  the  better  functioning 
of  all  members  of  Christ's  great  mystical  Body,  which 
is  the  Church! 

Octave  of  the  Assumption 

Caliente,  Nevada 

1922. 


CONTENTS 

PAGE 

FOREWORD iii 

FIRST  SECTION 

Penitential  Jurisdiction      ....         3 

Reserved  Sins 20 

Faculties  for  Absolving  from  Censures      28 

SECOND  SECTION 

Faculties  for  Dispensation  in  Regard  to 
the  Precepts  of  the  Church  ...       59 

Faculties  for  Dispensation  in  Regard  to 
Vows  and  Promissory  Oaths  ...       68 

Faculties    for    Dispensation    Regarding 
the  Contraction  of  Marriage        .       .       75 

Faculties    for    Dispensation    Regarding 
Irregularities 90 

Faculties    for    Dispensation    Regarding 
Vindictive  Penalties        ....       95 


vi  CONTENTS 

APPENDIX 

PAGE 

Forms  for  Petitions  of  Faculties  or  for 
Recourse 103 

Formula  of  Faculties  Generally  Granted 
Bishops  of  America 109 

INDEX 114 


FIRST  SECTION 

FACULTIES  OF  PASTORS  AND  CONFESSORS 
FOR  ABSOLUTION 

IN  REGARD   TO 

I.  PENITENTIAL  JURISDICTION 
II.  RESERVED  SINS 
III.  CENSURES 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/facultiesofpastoOOsimoiala 


FIRST  PART 

Penitential  Jurisdiction 

The  Sacrament  of  Penance,  partaking  in  a  manner 
of  the  nature  of  a  judicial  trial,  requires  in  its  minister, 
besides  the  priestly  power  of  Sacred  Orders,  also  the 
power  of  jurisdiction  over  the  person  appealing  to  this 
tribunal,  as  is  plainly  set  down  in  the  Council  of  Trent 
(Sess.  14,  c.  7):  "Since  the  very  nature  and  method 
of  a  trial  demand  that  sentence  be  pronounced  only 
upon  subjects  [of  the  court],  it  has  ever  been  the  con- 
viction of  the  Church  of  God,  and  the  present  Synod 
confirms  this  as  correct,  that  any  absolution  which  a 
priest  may  pronounce  upon  a  person  over  whom  he 
himself  has  neither  ordinary  nor  delegated  jurisdiction, 
is  of  no  account." 

Approbation  for  hearing  confessions,  formerly  demanded 
by  the  Council  of  Trent  (Sess.  23,  c.  15)  for  validity  of 
absolution  conferred   by   religious  priests  on   non-religious 

3 


4  PENITENTIAL  JURISDICTION 

penitents,  has  been  classed  by  some  theologians  as  a  third 
distinct  phase  of  penitential  power.  Bat  according  to  the 
Code  it  is,  to  all  intents  and  purposes,  again  practically 
merged  with  jurisdiction.  Hence  wherever  the  term  is  used 
in  the  Code  (as,  for  example,  in  518:1;  519;  522;  523;  882) 
it  is  to  be  understood  in  the  sense  of  the  conferring  of  juris- 
diction. 

Ordinary  Penitential  Jurisdiction  of  Pastors 
and  Exempt  Regular  Superiors 

Ordinary  jurisdiction  is  that  which  by  law  is  annexed 
to  an  ecclesiastical  office  or  dignity,  and  therefore  is 
ipso  hire  enjoyed  by  the  incumbent  (197:  i).1 

Bearers  of  ordinary  penitential  jurisdiction,  besides 
the  Pope  and  the  Cardinals  (for  the  entire  Church) 
and  local  Ordinaries2  (for  their  respective  territories) 


1  Numbers  in  parentheses  without  other  indications  have  refer- 
ence to  the  Canons  and  subdivisions  of  the  Codex  Iuris  Canonici. 

*  By  the  term  Ordinary  are  understood,  besides  the  Pope:  a 
Bishop  in  full  charge  of  a  diocese;  an  Abbot  or  Prelate  "nul- 
lius";  a  Vicar  General,  an  Apostolic  Vicar,  Prefect,  or  Admin- 
istrator; likewise  the  higher  Superiors  (such  as  Generals  and 
Provincials  or  their  equivalent)  of  exempt  Regular  organiza- 
tions of  clerics  (198:1).  With  the  exception  of  Regular  Su- 
periors, any  of  the  above-mentioned  persons  may  be  designated 
by  the  terms  "local  Ordinary"  or  "Ordinary  of  the  place" 
(198:2). 


PENITENTIAL  JURISDICTION  5 

and  Canons  Penitentiaries  of  cathedral  and  collegiate 
churches  (for  the  whole  diocese:  401:  1),  are  like- 
wise: 

1.  Pastors  in  the  strict  technical  acceptation  of  the 

term. 

2.  Quasi-Pastors,    or    priests    who    have    charge    of 

definitely  bounded  districts  in  Apostolic  Vicariates 
and  Prefectures  (451:  2;  216:  3). 

3.  Parochial  Vicars  of  various  kinds,  whenever  they 

have  plenary  pastoral  powers.    Such  are: 

(a)  The  priest  in  charge  of  a  parish  which  is 

pleno  iure  conjoined  with  a  monastery  or 
convent  or  Chapter  church  or  other  moral 
person  (471:  1). 

(b)  The   administrator   of    a   parish    (vicarius 

oeconomus,  472)  during  its  vacancy  of  a 
pastor. 

(c)  The  substitute  vicar  who  is  to  be  appointed, 

with  the  Ordinary's  agreement,  to  look 
after  a  parish  whenever  the  pastor  is  about 
to  be  absent  over  seven  days,  (wcarius 
substitutus,  474;  465:  4). 


6  PENITENTIAL  JURISDICTION 

(d)  The  pastor's  assistant,  who  has  full  charge 
of  a  parish  in  the  place  of  a  pastor,  in- 
capacitated through  old  age  or  otherwise 
(zricarius  adiutor,  475) ;  not,  however,  the 
ordinary  assistants  of  the  pastor  {vicarii 
cooperatores,  476). 

4.  Military  Chaplains,  in  certain  cases,  according  to 

the  arrangements  made  by  the  Holy  See  for 
spiritual  welfare  in  the  military  organizations  of 
divers  nations  (451:  1). 

5.  Rectors  of  Clerical  Seminaries  (1368),  although 

these  indeed  may  hear  confessions  of  their  sub- 
jects only  in  case  the  latter  themselves  request 
it  for  a  grave  and  urgent  reason  (891). 

6.  Superiors  of  exempt  Regular  organizations,   for 

their  own  subjects,  according  to  the  regulations  of 
their  constitutions  (873:  2;  875:  2). 

In  the  last  section  above,  among  subjects  are  to  be  counted 
not  only  professed  and  novices,  but  also  all  those  who  either 
as  servants  or  pupils  or  guests  or  patients  live  day  and  night 
in  a  house  of  the  religious  organization  (875;  514:1). 
Nevertheless  Regular  Superiors  may  hear  the  confessions 
of  their  subjects  only  when  these  freely  and  of  their  own 


PENITENTIAL  JURISDICTION  7 

impulse  desire  it.  Without  a  very  grave  reason  they  should 
not  be  ordinary  confessors  for  their  subjects.  Under  no 
circumstances  may  they,  personally  or  through  others,  strive 
to  induce  a  subject  to  confess  to  them,  by  duress,  fear,  or 
ill  advice  (518:2,  20).  Masters  of  novices,  and  like  of- 
ficials, are  especially  cautioned  against  this  (891). 


Exercise  of  Ordinary  Penitential  Jurisdiction 

As  the  Pope,  the  Cardinals,  the  local  Ordinaries  and 
Canons  Penitentiaries,  so  also  pastors  and  exempt 
Regular  Superiors  can  exercise  their  ordinary  peni- 
tential jurisdiction  in  regard  to  their  own  subjects 
everywhere,  even  outside  the  territory  of  their  pas- 
torate (881:  2;  401:  1). 

Whoever  has  ordinary  jurisdiction  can  as  a  rule 
delegate  it,  in  so  far  as  the  law  does  not  expressly 
declare  to  the  contrary  (199:  1),  as,  for  example,  for 
the  Canons  Penitentiaries  (401:1). 

The  power  of  delegation  is  expressly  granted  to  exempt 
Regular  Superiors  (875:1).  On  the  other  hand,  pastors 
can  not  be  said  to  have  the  power  to  delegate  their  penitential 
jurisdiction  to  others.  For  the  Code  declares  clearly  that 
all  secular  and  religious  priests  receive  their  delegated  peni- 
tential jurisdiction  from  the  Ordinary  of  the  place  of  con- 


8  PENITENTIAL  JURISDICTION 

fession  (874:1;  875:2;  876:2;  note  also  874:2;  877-880), 
and  every  doubt  in  this  matter  is  removed  by  the  declaration 
of  the  Commission  on  the  Interpretation  of  the  Code,  of 
October  16,  1919,  ad  HI;  (Acta  Sanctae  Sedis,  1919,  p.  477). 
Only  for  hearing  the  confessions  of  subjects  of  their 
own  exempt  clerical  organizations  can  jurisdiction  be  con- 
ferred also  by  Regular  Superiors  (875:1).  Of  course  Ordi- 
naries may  empower  pastors  or  others  to  subdelegate  peni- 
tential jurisdiction,  as  is  sometimes  done  for  the  benefit 
of  these  persons  themselves  or  for  that  of  relatives  or  others 
with  whom  they  live,  or  whose  confessions  they  themselves 
can  not  prudently  hear. 


Loss  of  Ordinary  Penitential  Jurisdiction 

Ordinary  penitential  jurisdiction  is  lost  (873:3); 
(1)  through  loss  of  the  office  or  dignity  with  which 
it  is  joined,  that  is  to  say,  by  resignation,  removal,  or 
transfer,  by  the  close  of  the  period  of  incumbency 
(183:  1)  ;  (2)  through  death  or  loss  of  office  on  the 
part  of  the  Superior  who  has  conferred  the  jurisdiction 
or  office,  provided  he  has  done  so  "ad  beneplacitum 
suum"  or  with  some  similar  clause  (183:2);  (3) 
through  excommunication,  suspension  from  office,  and 
interdict,  but  only  after  condemnatory  or  declaratory 
sentence  (873:3). 


PENITENTIAL  JURISDICTION  9 

Delegated  Penitential  Jurisdiction 

Delegated  jurisdiction,  in  contrast  to  ordinary,  is 
not  joined  ipso  iure  with  an  office,  but  is  specially 
conferred  on  a  priest  (197:  1),  either  by  law  itself 
(iurisdictio  delegata  a  iure),  or  by  a  properly  author- 
ized possessor  of  ordinary  jurisdiction,  or  by  a  delegate 
of  the  latter  (iurisdictio  delegata  vel  subdelegata  ab 
hotnine). 

In  both  cases  there  is  either  direct  delegation, — that 
is,  immediately  from  the  delegating  person  himself,  or 
— what  occurs  more  rarely — indirect  delegation,  by  the 
fact  that  a  duly  authorized  penitent  freely  chooses  a 
priest,  and  by  this  choice  is  the  means  of  the  latter's 
obtaining  jurisdiction. 

Conferring  of  delegated  jurisdiction  to  hear  the  con- 
fessions of  all  faithful,  whether  religious  or  secular, 
on  secular  or  Regular3  priests,  is  done  by  the  Ordinary 


'Regular  priests  who  have  received  jurisdiction  from  the  local 
Ordinary  should  not  make  use  thereof  without  the  (at  least 
presumed)  permission  of  their  own  Superior.  But  a  Regular 
Superior  can  not  prevent  one  of  his  subjects  from  going  to  con- 
fession, for  the  peace  of  his  conscience,  to  a  member  of  the  Reg- 


io  PENITENTIAL  JURISDICTION 

of  the  place  where  the  confessions  are  to  be  heard 
(874: 1). 

Where  the  Holy  See  has  erected  exempt  care  of  souls  for 
the  military  (451:3),  the  military  Ordinary  can  in  many 
cases  confer  jurisdiction  to  hear  members  of  the  military, 
independently  of  the  Ordinary  of  the  place. 

In  exempt  clerical  religious  Orders,  besides  the  local 
Ordinary,  the  religious  Superior  also,  according  to  the 
manner  and  measure  of  the  organization's  constitu- 
tions, can  delegate  jurisdiction  to  hear  the  confessions 
of  professed,  novices,  and  other  inmates  of  the  house, 
and  this  delegation  he  may  confer  not  only  on  members 
of  his  own  organization  but  also  on  secular  priests 
and  on  priests  of  other  Orders,  Congregations  or  socie- 
ties than  his  own  (875:  1). 

Similar  privileges  have  generally  been  accorded  also  to 
non-exempt  clerical  Congregations,  and  these  grants  hold 
good  also  under  the  Code. 

In  order  to  be  valid  any  conferring  of  jurisdiction, 
whether  oral  or  in  writing,  must  be  made  expressly. 


ular  organization  approved  by  the  local  ordinary  alone.  Such  a 
confession,  even  without  the  Superior's  permission,  would  be 
both  valid  and  licit  (874:1;  519;  6".  C.  de  Relig.  Aug.  5,  1913). 


PENITENTIAL  JURISDICTION  n 

Silent    or    tolerated    delegation    no    longer    suffices 

(879:1). 

In  order  to  be  licit  any  conferring  of  jurisdiction — 
as  also  permission  on  the  part  of  Regular  Superiors 
to  hear  confessions — demands  that  the  prospective 
recipient  shall  have  been  found  fit  to  administer  the 
Sacrament  of  Penance ;  this  fitness  is  to  be  established 
by  examination,  unless  the  recipient's  sufficiency  of 
theological  knowledge  is  already  otherwise  assured 
(877:  1).  If,  later  on,  serious  doubts  regarding  fit- 
ness should  arise,  a  new  examination  is  in  order 
(877:2).  For  licitness  also  it  is  required  that  no 
unjustified  restrictions  be  made  in  the  conferring  of 
jurisdiction,  and  that  it  be  done  gratis  (878:2; 
879:  2). 

Exercise  of  Delegated  Jurisdiction 

Delegated  jurisdiction  derived  from  the  local  Or- 
dinary can  be  exercised  only  in  the  territory  subject 
to  him  (874:  1 ;  201 : 2). 

The  bearer  of  delegated  jurisdiction  can  subdelegate 
it  only  when  the  power  of  subdelegation  has  been 


i2  PENITENTIAL  JURISDICTION 

granted  him  expressly  by  the  delegating  person 
(199:4);  that  is  to  say,  the  Pope,  or  the  local  Or- 
dinary, or  an  exempt  Regular  Superior  (Commission 
for  Interpretation  of  the  Code,  October  16,  1919). 

The  subdelegated  person,  in  turn,  can  resubdelegate 
his  jurisdiction  only  when  this  faculty  has  been  ex- 
pressly  granted   by   the   original   delegating   person 

(199:5). 

Penitential  Jurisdiction  Delegated  by  the  Law 

Itself 

The  law  itself  delegates  penitential  jurisdiction  to 
the  following: 

1.  Any  priest  who  has  been  approved  for  a  place; 
that  is,  any  secular  or  Religious  who  has  ordinary  or 
delegated  jurisdiction  for  a  locality  may,  while  within 
that  place  or  territory,  administer  the  Sacrament  of 
Penance  to  persons  without  any  fixed  place  of  abode 
(vagi)  or  to  strangers  or  travelers  from  another 
diocese  or  parish  (peregrini),  even  if  they  belong  to 
an  Oriental  rite  (881:  1). 

2.  All  priests,  when  there  is  danger  of  death,  even 


PENITENTIAL  JURISDICTION  13 

those  not  approved  or  those  that  are  censured,  or 
irregular,  or  schismatic  or  heretic,  can  and  may  ab- 
solve all  penitents  from  all  sins  and  censures,  even 
those  reserved,4  and  notorious.  Priests  not  approved 
can  and  may  do  this  even  in  presence  of  one  who  is 
approved  (882). 

"In  danger  of  death"  is  to  be  taken  not  only  as  "in  articulo 
mortis";  that  is,  when  death  is  undoubtedly  impending,  but 
also  as  "in  periculo  mortis" ;  that  is,  when  it  is  seriously  to 
be  feared  that  death  will  soon  take  place;  the  latter  case 
may  be  judged  on  the  base  of  either  experience  or  a 
physician's  judgment.  It  is  indifferent  whether  the  danger 
of  death  is  due  to  a  subjective  cause  (sickness)  or  to  an 
exterior  one  (serious  danger  of  infection,  impending  battle, 
difficult  birth,  dangerous  operation  or  perilous  sea-voyage). 
Note  here  the  declaration  of  the  S.  Penitentiary  of  March 
18,  1912,  according  to  which  mobilized  soldiers  are  ipso 
facto  to  be  put  on  the  same  plane  with  persons  who  are 
in  danger  of  death. 


4  There  are  conditions  attached  only  for  the  absolutio  com- 
plicis.  In  that  case,  in  danger  of  death,  absolution  is  indeed 
always  valid,  but  only  allowed  (a)  when  any  other  approved 
or  non-approved  priest  either  can  not  hear  the  confession  of 
the  dying  person  at  all,  or  can  not  do  so  without  great  scandal 
or  serious  danger  to  the  good  name  of  the  sacerdos  complex; 
(b)  when  the  dying  person  refuses  to  confess  to  a  different 
priest  (884). 


i4  PENITENTIAL  JURISDICTION 

3.  Every  priest  traveling  by  sea  who  has  received 
penitential  jurisdiction  from  his  own  Ordinary,  or 
from  the  Ordinary  of  the  port  of  departure,  or  from 
the  Ordinary  of  any  port  touched  by  the  vessel  during 
its  voyage,  can  during  the  whole  period  of  the  voyage 
hear  the  confessions  of  all  his  fellow  voyagers,  even 
if  the  ship  passes  through  the  territories  of  different 
Ordinaries  or  makes  halt  therein  (883:  1).  The  same 
holds  good  for  the  hearing  of  all  persons  who  for  any 
reason  whatever  come  on  board  at  harbor  stops 
(883:2).  Should  the  priest  who  is  making  a  sea 
voyage  (and  is  authorized  as  stated  above)  go  ashore 
for  awhile  at  some  stop,  he  may  and  can  there  hear 
all  persons  who  wish  to  confess  to  him,  and  absolve 
them  even  from  sins  reserved  to  the  local  Ordinary 
of  the  place  (883:2). 

4.  Indirectly  delegated  jurisdiction  is  granted  to 
priests  not  otherwise  approved,  who  are  selected  by 
Cardinals  or  Bishops  (even  titular  Bishops)  to  hear 
the  confessions  of  themselves  or  of  the  members  of 
their  suite  (familiares,  239: 1,  2°;  349:  1,  i°). 


PENITENTIAL  JURISDICTION  15 


Delegated  Penitential  Jurisdiction  for  Regulars 

Every  confessor  approved  by  the  Ordinary  can 
validly  and  licitly  hear  the  confessions  of  male 
Religious,  even  exempt  ones  (novices  not  excepted 
566:  2),  both  within  the  monastery  or  convent,  or  out- 
side of  it,  when  these  have  recourse  to  him  for  the 
tranquillity  of  their  conscience  (519). 

As  for  the  rest,  the  Constitutions  of  the  various  organiza- 
tions, which  order  or  advise  Religious  to  make  their  confes- 
sions at  stated  periods  (for  example,  every  eight  days)  and 
to  certain  confessors,  keep  their  force  (519).  In  the  houses 
of  clerical  Religious  several  confessors  are  to  be  appointed, 
corresponding  to  the  number  of  Religious  (518:1).  For  lay 
organizations  of  men  the  same  regulations  hold  good  in  this 
matter  as  for  those  of  women  (528).  For  the  novices  of 
clerical  organizations  of  men  there  should  be  appointed, 
according  to  their  number,  one  or  more  ordinary  confessors. 
Besides  these,  several  other  priests  should  be  set  apart,  to 
whom  the  novices  may  freely  have  recourse  in  special  cases. 
Finally,  novices  are  to  be  granted  an  extraordinary  confessor 
at  least  four  times  a  year  (556:2). 

In  order  to  hear  the  confessions  of  female  Religious 
validly  and  licitly  all  secular  and   religious  priests 


1 6  PENITENTIAL  JURISDICTION 

(Cardinals  alone  excepted:  239:  1)  per  se  have  to  be 
provided  with  special  jurisdiction  from  the  local  Or- 
dinary (876;  525).  (See  520;  521 ;  524;  527  for  the 
details  of  this  delegation.) 

Nevertheless  any  confessor  approved  by  the  local 
Ordinary  to  hear  the  confessions  of  women,  can 
validly  and  licitly  absolve  female  Religious  (including 
novices)  under  the  following  conditions:  (a)  when 
the  latter  have  recourse  to  him  in  any  church  or 
public  or  semipublic  chapel,  or  generally  in  any  place 
legitimately  set  apart  for  hearing  of  the  confessions 
of  women  (522);5(&)  whenever  a  female  Religious 
who  is  seriously  ill,  though  not  necessarily  in  danger 
of  death,  wishes  to  go  to  confession  to  him  (523). 


*  "In  loco  ad  audiendas  mulierum  confessiones  legitime  des- 
tinato"  (Commission  for  Interpret,  of  the  Code,  Nov.  24,  1920, 
in  Acta  Apostolicae  Sedis,  1920,  p.  575;  S.  C.  de  Rel.,  July  3, 
1916).  The  regulation  of  Canon  522:  "in  qualibet  ecclesia  vel 
oratorio  saltern  semipublico"  is  consequently  not  to  be  taken  as 
an  absolutely  necessary  condition  for  the  validity,  or  even  for 
the  licitness,  of  these  confessions. 


PENITENTIAL  JURISDICTION  17 

Cessation  of  Delegated  Jurisdiction 

Delegated  penitential  jurisdiction,  like  every  other 
kind  of  delegated  jurisdiction,  ceases  in  the  following 
cases  (Canon  207:  1): 

1.  Through  the  closing  of  the  period  of  time,  or 
through  the  exhausting  of  the  number  of  cases,  for 
which  the  delegation  was  given.  (See,  however, 
207:2.) 

2.  Through  the  recall  of  delegation  on  the  part  of 
the  delegating  authority,  but  only  at  the  moment  when 
the  recall  is  directly  communicated  to  the  person 
delegated. 

3.  Through  death  or  loss  of  office  on  the  part  of 
the  delegating  person,  only  in  case  it  has  been  so  de- 
clared at  the  time  of  delegation  in  some  kind  of 
stipulating  clause  (61). 

4.  Through  a  condemnatory  or  declaratory  sentence 

of  excommunication,  suspension  or  interdict  on  the 

part  of  ecclesiastical  superiors  (2264;  2284;  2275:  2). 

When  a  delegated  confessor  gives  up  his  diocesan  domicile 
his  jurisdiction  ceases  only  then  when  it  is  thus  stated  by 
the  local  Ordinary. 


18  PENITENTIAL  JURISDICTION 


Suppletion  of  Penitential  Jurisdiction 

Suppleted  jurisdiction  is  a  special  and  extraordinary 
kind  of  delegated  jurisdiction.  It  is  not  granted  per- 
manently to  any  priest  (as  is  ordinary  and  common 
delegated  jurisdiction),  but  only  for  individual,  transi- 
tory, acts  of  jurisdiction,  in  such  wise  that  it  ceases 
again  immediately  after  such  acts. 


CASES  OF  SUPPLETION 

Suppletion  takes  place  in  three  cases  (209)  : 

1.  In  general  misapprehension  (in  err  ore  com- 
muni) ;  that  is,  when  there  exists  in  any  diocese,  parish 
or  other  ecclesiastical  community  a  general  or  almost 
general  invincible  erroneous  assumption  that  a  priest 
has  jurisdiction  when  in  fact  he  has  none. 

The  Code  no  longer  takes  into  consideration  a  titulus 
coloratus  as  a  condition  for  certain  suppletion.  Conscious 
use  of  suppleted  jurisdiction  based  upon  error  communis, 
is,  according  to  some  authors,  never  allowed;  according  to 
others  (Berardi,  Tanquerey),  only  in  case  of  necessity. 


PENITENTIAL  JURISDICTION  19 

2.  When  a  confessor,  after  the  period  of  his  facul- 
ties has  run  out  or  the  number  of  cases  for  which 
he  had  faculties  has  been  exhausted,  continues  to  ab- 
solve without  averting  to  the  fact  that  he  has  no  facul- 
ties (207:2).  This  holds  good  even  without  error 
communis. 

3.  In  positive  and  well  grounded  juridical  (theoretic, 
speculative)  or  practical  doubt  (in  dubio  positivo  et 
probabili  sive  iuris  sive  facti)  as  to  whether  one  has 
jurisdiction  or  not.  (Jurisdiction  is  called  "theoretic- 
ally doubtful"  when  its  existence  depends  upon  a 
doubtful  law;  it  is  "practically  doubtful"  when  it  de- 
pends upon  a  doubtful  fact.)  The  same  holds  good 
for  "iurisdictio  speculative  out  practice  probabilis."  In 
these  cases  the  Church  supplies  jurisdiction  hypothet- 
ically ;  that  is,  in  case  the  respective  confessors  actually 
have  no  jurisdiction. 

According  to  the  common  teaching  of  moralists  one  may 
make  use  of  speculatively  doubtful  jurisdiction  even  without 
special  reason.  This  might  also  be  applied  to  practically 
probable  jurisdiction,  because  now  suppletion  is  certain  and 
consequently  there  is  no  danger  of  exposing  the  sacrament 
to  nullity. 


SECOND  PART 
Reserved  Sins 

By  a  reserved  sin  we  understand  one  whose  absolu- 
tion an  ecclesiastical  Superior  has  reserved  to  himself. 
This  reservation  is  accomplished  through  limitation  of 
the  penitential  jurisdiction  of  subordinate  persons  in 
reference  to  the  sin  under  consideration  (893:  1,  20). 

Besides  the  Pope,  those  who  may  legitimately  re- 
serve the  absolution  of  certain  sins  to  themselves  are 
the  following:  the  Bishop  of  the  diocese  (or  respec- 
tively, an  Abbot  or  Prelate  nullius,  an  Apostolic  Ad- 
ministrator, Vicar,  or  Prefect),  the  Superior  General 
of  an  exempt  clerical  organization,  and  the  Abbot  of 
an  autonomous  monastery  (893:  1 ;  896). 

Reservations  by  local  Ordinaries  are  binding  also 

upon  persons  without  definite  domicile  or  travelers  and 

strangers  who  happen  to  be  within  the  territory. 

Reserved  cases  are  divided  into  papal,  episcopal,  and 

20 


RESERVED  SINS  21 

those  of  Regular  organizations.  Furthermore,  re- 
served cases  are  divided  into  those  with  and  those  with- 
out censure,  according  to  whether  the  reserved  sin  is 
at  the  same  time  connected  with  a  censure  impending 
ipso  facto,  or  not.  Reservations  without  censure  are 
called  simple  reservations.  Cases  with  impending  cen- 
sure may  be  reserved:  either 

1.  On  account  of  the  sin  (directly  reserved) ;  or 

2.  On  account  of  the  censure  (indirectly  reserved)  ; 

or 

3.  On  account  of  both  the  sin  and  the  censure. 

The  following  chapter  treats  exclusively  of  simple 
and  direct  reservations. 

Simple  and  Direct  Reserved  Cases  in  Particular 

The  Papal  Reserved  Case.  There  is  only  one  sin 
which  is  reserved  to  the  Holy  See  ratione  sui,  and  that 
is  falsely  accusing  an  innocent  priest  before  an  ec- 
clesiastical judge  of  the  crime  of  solicitation  (894). 
This  sin  is  at  the  same  time  conjoined  to  an  excom- 
munication reserved  to  the  Pope  speciali  modo  (2363)  ; 
consequently  it  is  also  reserved  ratione  censurae. 


22  RESERVED  SINS 

Episcopal  and  Regular  Reservations.  The  Bishop 
of  the  diocese  and  other  Ordinaries  entitled  to  make 
reservations  are  limited  to  three  or,  at  the  highest, 
four  reserved  cases  (897,  Instr.  S.  Off.,  July  13, 
1916). 


These  reservations  may  be  made  only  in  conformity  with 
the  prescriptions  of  the  Code,  for  which  895-899:1,  should 
be  consulted.  They  should  be  made  by  the  Ordinary  only 
then  when  they  appear  to  be  called  for  by  necessity  or  utility. 
The  sins  thus  treated  must  be  offenses  particularly  grave, 
external  and  clearly  determined  in  their  ultimate  species, 
and  should  not  have  been  already  joined  by  general  law 
with  some  reserved  or  non-reserved  censure  (897  ss.).  Re- 
served cases  are  to  be  brought  to  the  knowledge  of  the  faith- 
ful in  a  suitable  manner  (899:1). 

Pastors  and  confessors  are  obliged  to  keep  themselves  in- 
formed regarding  these  special  reservations  which  they  may 
have  to  deal  with.  In  view  of  the  present  canonical  regu- 
lations in  this  matter,  Ordinaries  are  largely  refraining 
from  the  practice  of  reservations. 


Conditions  Required  to  make  a  Reservation  Effec- 
tive. In  order  that  a  reserved  sin  may  de  facto  be 
considered  and  treated  as  reserved  in  any  given  case 
it  must  be: 


RESERVED  SINS  23 

1.  An  objectively  and  subjectively  grave  and  ex- 

ternal sin,  and 

2.  Materially   and   formally  a   sin  of  the  species 

marked  with  reservation  (897). 

Other  conditions  heretofore  insisted  upon  by  some  canon- 
ists as  necessary,  such  as:  the  age  of  puberty,  and  that  the 
delinquent  must  have  knowledge  of  the  reservation,  cannot 
be  considered  as  required  by  the  Code,  where  Canons  883- 
900  cover  the  whole  field  of  reservation,  which  must  not  be 
confused  with  that  of  censures. 

Cessation  of  Reservation.  Reservation  of  a  sin 
ceases,  so  that  any  simple  confessor  may  absolve  there- 
from: 

1.  By  confession  of  the  reserved  sin  in  the  Sacra- 
ment of  Penance  to  a  priest  authorized  to  absolve  re- 
served cases,  and  that  even  when  absolution  is  deferred 
or  the  confession  invalid,  and  probabiliter  also  for  an 
unworthy  confession  (an  unworthy  Jubilee  confession 
to  a  priest  authorized  only  for  such  confessions  must 
certainly  be  excepted). 

2.  Probabiliter  also  by  a  valid  confession  to  a  priest 
authorized  for  reserved  cases,  even  when  through  for- 


24  RESERVED  SINS 

getfulness  the  reserved  sin  is  not  accused.  Of  course, 
in  that  case  the  sin  unconsciously  omitted  remains 
materia  necessaria,  only  the  reservation  ceasing,  so  that 
thereafter  any  confessor  may  absolve  the  sin  directly. 

Regulations  for  Absolution  in  Simple  and 
Direct  Reserved  Cases 

In  danger  of  death  any  priest,  even  one  not  ap- 
proved, can  validly  and  licitly  absolve  all  reserved  cases 
of  whatsoever  kind  (882). 

Faculties  Granted  by  Canon  Law  to  All 
Approved  Confessors 

Any  confessor  ordinarily  approved  can  absolve 
all  reserved  sins  in  the  following  cases: 

1.  Sick  persons,  when  they  can  not  leave  their  place 
of  residence  (900:1). 

2.  Bride  and  groom,  when  they  go  to  confession  in 
preparation  for  marriage. 

3.  Whenever  the  proper  superior  refuses  to  grant 
the  necessary  faculty  for  an  individual  definite  case 
for  which  it  has  been  requested  (900:  2). 


RESERVED  SINS  25 

4.  Whenever,  according  to  the  prudent  judgment  of 
the  confessor,  the  proper  superior  can  not  well  be  ap- 
proaclied  for  the  necessary  faculty  without  serious  dis- 
advantage to  the  penitent  (as,  for  example,  when  the 
penitent  can  not  omit  intended  Communion  or  Mass 
without  injury  to  his  good  name,  or  when  he  would 
otherwise  have  to  remain  long  in  the  state  of  mortal 
sin,  and  bear  this  ill;  (see  2254:1),  or  without  en- 
dangering the  secret  of  the  confessional. 

5.  Penitents  who  are  outside  the  territory  of  the 
superior  making  a  reservation,  even  when  they  have 
left  it  with  the  specific  intention  of  evading  the  reser- 
vation (900:  3),  unless  the  Ordinary  of  the  district 
they  happen  to  be  in  has  himself  likewise  reserved  the 
same  case. 


In  the  above  cases,  according  to  Canon  900,  reservation 
simply  ceases.  This  would  seem  to  include  also  the  papal 
reservation  falsae  denuntiationis,  though  in  the  latter  case 
the  conjoined  reserved  censure  must  also  be  taken  into  con- 
sideration. 


6.  Reservations  of  Regulars  in  their  own  organiza- 
tions can  be  absolved  by  any  confessor  approved  by 


26  RESERVED  SINS 

the  local  Ordinary  (519).    This  practically  does  away 
with  Regular  reservations. 

7.  At  stopping  points  on  sea-voyages,  according  to 
the  dispositions  of  Canon  883:2,  detailed  on  p.  14. 

8.  In  dubio  iuris  vel  facti  concerning  the  reserva- 
tion itself,  or  concerning  conditions  necessary  to  its 
actual  incurrence  (209;  see  also  p.  19,  No.  3). 

Faculties  Granted  by  Canon  Law  to  Pastors  and 
Missionaries 

Besides  by  Canons  Penitentiaries  (899:  2),  all  cases 
reserved  to  the  Ordinaries  can  be  absolved  ex  ipso 
iure:  (a)  by  pastors,  quasi-pastors,  and  by  all  con- 
sidered in  Canon  Law  as  the  equivalent  of  pastors  (see 
p.  5,  No.  3)  during  the  whole  time  available  to  the 
penitent  for  making  his  Easter  duty  (899:  3) ;  (&)  by 
missionaries  during  the  time  of  a  mission. 

Practical  Remarks 

'Any  confessor  who  is  not  empowered  to  absolve 
from  reserved  cases  must  in  this  matter  either  refer 
the  penitent  to  a  properly  authorized  confessor,  or 


RESERVED  SINS  27 

himself  ask  for  authorization  (forms  for  such  applica- 
tion will  be  found  in  the  Appendix).  Absolution  from 
reserved  sins  is  imparted  through  the  ordinary  absolu- 
tion formula.  (For  the  form  of  absolution  for  a  con- 
joined censure,  see  p.  49.) 

Other  faculties  than  the  above  mentioned  may  be 
granted  in  diocesan  and  other  particular  legislation, 
and  confessors  should  be  acquainted  with  such  provi- 
sions. Habitual  faculties  in  this  matter  are  not  to  be 
too  readily  granted  (899:  1).  Deans  are  frequently 
thus  empowered  (899:  2).  In  exempt  clerical  religious 
communities  the  official  confessors  are  also  to  be  em- 
powered for  Regular  reserved  cases  (518: 1). 


THIRD  PART 
Faculties  for  Absolving  from  Censures 

Censures  and  Their  Divisions.  A  censure  is  an  ec- 
clesiastical punishment  imposed  either  by  the  law  itself 
or  by  an  ecclesiastical  judge,  by  which  a  baptized  con- 
tumacious delinquent  is  deprived  of  certain  spiritual 
benefits,  or  of  benefits  connected  with  spiritual  goods, 
until  such  time  as  he  shall  have  emended  himself  and 
been  absolved  (2241 : 1). 

Where  vindictive  punishments  have  as  their  main 
object  atonement  for  an  offense  committed,  censures  are 
ordained  primarily  for  the  emendation  of  the  guilty 
person.  They  are  medicinal  punishments  (2216) ; 
hence  the  connection  of  their  absolution  with  better- 
ment, with  a  receding  from  contumacia. 

The  following  are  the  common  classifications  of 

censures: 

28 


CENSURES  29 

1.  Censures  latae  sententiae,  and  such  as  are  feren- 
dae sententiae.  A  censura  latae  sententiae  is  one  that, 
either  by  law  itself  or  by  decree  of  an  ecclesiastical 
superior,  has  been  so  conjoined  with  some  specific 
offense  that  it  automatically  comes  into  effect  upon 
commission  of  that  offense.  A  censure  is  called 
ferendae  sententiae  when,  though  impending  for  an 
offense,  it  has  nevertheless  still  to  be  actually  inflicted 
by  an  ecclesiastical  superior  or  judge  before  it  will  take 
effect  (2217:  1,  2°). 

2.  Censures  a  inre,  and  such  as  are  ab  homine.  The 
former  are  threatened  in  punitive  legislation,  and  may 
be  either  latae  or  ferendae  sententiae.  The  latter  are 
imposed,  not  by  the  law,  but  by  order  of  a  superior 
or  by  judgment  of  an  ecclesiastical  court  (2217:  1, 

3°). 

3.  Censures  may  be  reserved  or  not  reserved,  ac- 
cording as  the  faculty  to  absolve  therefrom  is,  or  is 
not,  denied  persons  ordinarily  having  absolution  facul- 
ties, and  reserved  to  superiors  (2245). 

Specifically,  censures  are  divided  into  excommunica- 
tion, interdict,  and  suspension. 


3o  CENSURES 

Excommunication  consists  in  excluding  a  person 
from  the  community  of  the  faithful,  together  with 
.depriving  him  of  all  goods  and  rights  whose  disposi- 
tion or  administration  is  entrusted  to  the  Church 
(2257-2267). 

If  civil  intercourse  and  dealings  are  permitted  with  ex- 
communicated persons,  they  are  called  excommunicati 
tolerati  (2258:1).  But  if  such  persons  have  to  be  avoided 
even  in  civil  intercourse  (except  in  so  far  as  relatives, 
servants  or  employees,  or  subjects  may  be  excused)  they  are 
excommunicati  vitandi  (2258:1;  2267).  To  the  latter  class 
belong  (a)  persons  doing  violence  to  the  person  of  the  Pope 
(2343:1,  i°),  and  (b)  persons  excommunicated  by  the  Pope 
by  name,  when  the  excommunication  has  been  published  with 
the  express  command  that  they  be  avoided  (2258:2). 

Interdict  consists  in  the  prohibition  for  certain  per- 
sons (interdictum  personate)  or  for  certain  places  (in- 
ter dictum  locale),  of  the  celebration  of,  or  assistance 
at,  divine  service,  reception  of  the  sacraments  and 
sacramentals,  or  Christian  burial,  all  of  which  may 
be  prohibited  in  whole  or  in  part  (2268-2277). 

Suspension  consists  in  the  prohibition  for  a  cleric 
of  the  exercise  of  the  powers  of  his  office,  whether  of 
Orders  or  of  jurisdiction,  or  in  depriving  a  cleric  of 


CENSURES  31 

the  income  of  his  benefice,  or  of  both  these  punish- 
ments either  in  whole  or  in  part  (2278-2380). 

Whilst  excommunication  is  always  a  poena  medicinalis, 
suspension  and  interdict  may  at  times  be  vindictive  punish- 
ments (see  2255:2;  2286;  2289). 

/ 

Conditions  Required  for  Incurring  a  Censure 

On  the  part  of  the  delinquent:  he  must  have  reached 
the  age  of  puberty,  the  14th  year  for  males,  the  12th 
for  females,  (88:  2;  2230). 

On  the  part  of  the  offense:  it  must  be  (a)  external; 
that  is,  externally  recognizable,  even  if  done  in  secret 
(2242:  1;  2195:  1);  (b)  grave;  that  is,  objectively 
(2242:  1)  and  subjectively  (2218:  2)  mortally  sinful; 
(c)  complete;  that  is,  an  act  materially1  and  formally2 
perfect  in  the  species  denounced  by  the  law  or  the 
superior   (2228;  2242:  1),  and  lastly   (d)  contuma- 


%  Thus,  if  the  censure  is  imposed  for  the  actual  commission  of 
the  sin,  it  is  not  incurred  by  a  mere  attempt  to  commit  the  sin. 

1  Consequently  the  delinquent  must  recognize  the  specific  malice 
of  his  act  at  least  in  confuso.  This  holds  good  always  pro  foro 
interno.  But  in  dealing  with  a  case  in  foro  externo,  in  ordinary 
government  and  in  judicial  procedure,  this  recognition  of  specific 
malice  is  always  presumed  until  the  contrary  is  proved  (16:2). 


32  CENSURES 

ciously  committed  in  deliberate  opposition  to  the  law 
or  the  superior  (2242:  1). 

A  person  is  considered  contumax  (a)  in  censures  ferendae 
sententiae,  when,  despite  the  admonitions  of  ecclesiastical 
superiors,  he  will  not  desist  from  his  offense,  or  refuses  to 
do  penance  or  to  make  good  an  injury  done,  or  to  repair  a 
scandal  (2242:2;  2233:2) ;  in  censures  latae  sententiae  when 
he  oversteps  the  law  or  order  without  legitimate  excuse 
(2242:2). 

Cooperation  in  an  offense  upon  which  an  ecclesias- 
tical punishment  is  set  (also  for  a  delictum  impuberis 
— 2230)  makes  the  cooperating  person  likewise  subject 
to  the  punishment  (unless  the  law  specifies  otherwise), 
under  the   following  conditions    (2231;  2209:1-3): 

(a)  physical  cooperation  agreed  upon  by  the  parties; 

(b)  cooperation  as  a  necessary  assistant;  (c)  coopera- 
tion by  command  or  seduction  or  otherwise,  when  the 
offense  could  not  be  committed  without  such  coopera- 
tion. 


CENSURES  33 


Subjective  Reasons  Excusing  from  Incurrence 
of  Censures  "Latae  Sententiae" 

If  the  wording  of  the  law  demands  expressly  full 
knowledge  and  deliberation  (as  by  the  terms:  "prae- 
sumpserit,  ausus  fuerit,  scienter  egerit"),  then  any 
cause  diminishing  responsibility,  whether  bearing  upon 
the  intellect  or  upon  the  will,  may  serve  to  excuse 
(2229: 2). 

Such  factors  are  enumerated  in  Canons  2001-2006;  they 
would  include  subnormal  reasoning  power,  drunkenness, 
ignorance  (even  ignorantia  crassa),  lack  of  attention  to,  or 
misunderstanding  of,  the  law  or  punishment;  moreover, 
negligence,  even  culpable,  unforeseen  accident,  physical  co- 
ercion, duress,  grave  damage  or  loss,  spontaneous  upsurging 
of  passion,  forgetfulness. 

If  full  knowledge  and  deliberation  are  not  insisted 
on  by  the  law  as  presupposed,  then  the  only  causes 
directly  excusing  are  (a)  ignorance  of  the  law  or  of 
the  punishment,  whether  culpable  or  not,  with  the  ex- 
ception of  ignorantia  crassa,  wherein  one  should  and 
easily  could  have  the  proper  knowledge  (see  2229:  3, 


34  CENSURES 

l0) »  (&)  grow  fear,  except  where  the  offense  would 
tend  to  contempt  of  the  faith  or  of  ecclesiastical 
authority  or  to  the  public  injury  of  souls  (2229:  3, 

3°)- 

Other  factors  enumerated  above  may  indirectly  have  excus- 
ing force  in  this  second  group  only  when  they  make  the 
sin  venial  (2229:3,  2°). 

Intentional  ignorance  (ignorantia  affectata)  of  either  the 
law  or  the  punishment,  sanction  (2229:1),  as  also  ignorance 
of  the  reservation,  never  excuses  from  the  incurring  of 
censures.  Ignorantia  affectata  may  be  assimilated  to  a 
doubtful  conscience,  for  one  can  not  intentionally  remain  in 
ignorance  except  where  one  already  has  doubt. 


Actualization  of  Censures  "Latae  Sententiae" 

Every  punishment  latae  sententiae,  whether  censure 
or  vindictive  sanction,  is  binding  upon  a  consciously 
guilty  delinquent  from  the  moment  he  has  committed 
the  offense,  both  in  conscience  and  in  the  external 
forum  (2232:  1).  But  before  a  judicial  declaration 
of  his  having  incurred  the  punishment  he  is  excused 
from  observing  it  in  case  he  can  not  do  so  without 
grave  injury  to  his  good  name. 


CENSURES  35 

The  same  person  may  draw  upon  himself  the  same  cen- 
sure from  different  sources,  whereby  the  censures  for  him 
are  multiplied  (2244:2).  This  will  happen  (a)  when  divers 
offenses  are  committed,  by  the  identical  action  or  by  distinct 
actions,  and  each  offense  has  the  same  censure  attached; 
(&)  when  the  same  offense  is  repeated;  (c)  when  the  same 
offense  is  punished  by  different  superiors  with  the  same 
censure. 


Reservation  of  Censures 

1.  Censures  ab  homine  are  always  reserved  to  the 
inflicting  person,  his  superior,  successor,  or  duly- 
authorized  delegate  (2245:  2).  Censures  a  iure  may- 
or may  not  be  reserved. 

2.  Censures  reserved  a  iure  are  reserved  either  to 
the  Ordinary  or  to  the  Pope.  In  the  latter  case  they 
may  be  reserved  either  simpliciter,  speciali  rnodo,  or 
specialissimo  modo  (2245:  2,  3). 

3.  Censures  latae  sententiae  are  reserved  only  when 
the  law  or  the  command  expressly  declares  this.  If 
there  is  doubt  about  the  case,  then  "in  dubio  sive  iuris 
sive  facti  reservatio  non  urget"  (2245:4). 

4.  Reservation  of  a  censure  which  excludes  from 
the  sacraments  (as  excommunication  and  personal  in- 


36  CENSURES 

terdict)  brings  with  it  also  the  indirect  reservation  of 
the  sin  to  which  the  censure  has  been  attached  as  a 
punishment.  But  when  a  person  is  excused  or  ab- 
solved from  the  censure,  the  indirect  reservation  of 
the  sin  likewise  ceases  (2246:  3). 

Excommunications  "Latae  Sententiae" 
i.  excommunications  reserved  to  the  pope 
A.  "Specialissimo  modo"  are  incurred  by 

1.  Those  who  cast  away  the  consecrated  species,  or 
who  take  them  away  or  keep  them  for  an  evil  purpose 
(2320). 

2.  Those  who  lay  violent  hand  on  the  person  of  the 
Holy  Father  (2343:  1).    These  are  ipso  facto  vitandi. 

3.  Those  who  absolve,  or  feign  to  absolve,  a  com- 
plex in  peccato  turpi  (2367:  1). 

This  censure  takes  effect  even  when  through  the  confes- 
sor's suggestion  the  penitent  does  not  accuse  himself  of  the 
peccatum  complicitatis,  even  though  it  still  be  materia  neces- 
saria;  likewise  in  danger  of  death,  when  absolution  is  im- 
parted without  circumstantial  necessity — though  then  the 
absolution  is  valid. 


CENSURES  37 

4.  Those  who  dare  to  violate  the  seal  of  the  confes- 
sional directly  (2369:  1).  This  holds  only  for  con- 
fessors, and  not  for  interpreters,  etc. 

B.  "Spedali  modo"  are  incurred  by 

1.  Apostates,  heretics,  and  schismatics  (2314:  1). 

Apostates  are  baptized  persons  who  have  completely  given 
up  the  Christian  faith  (1325:2).  Heretics  are  baptized  per- 
sons who  call  themselves  Christians,  yet  deny  or  doubt 
some  article  of  faith.  This  denial  or  doubt,  however,  must 
be  externally  manifested,  which  holds  good  also  for  schis- 
matics and  apostates.  Suspected  of  heresy  (and  subject  to 
the  same  censure  as  heretics)  are  those  who  despite  warning 
and  punishment  do  not  remove  the  cause  of  suspicion  and 
pass  half  a  year  without  emendation.  Such  are  de  iure  (a) 
those  who  consciously  aid  the  spread  of  heresy,  or  are  guilty 
of  communicatio  activa  in  sacris  with  heretics  (1258; 
2316)  ;  (&)  the  persons  mentioned  in  the  first  excommunica- 
tion of  group  "A";  in  the  fourth  of  the  present  group  "B"; 
and  in  the  second  excommunication  of  the  group  reserved 
to  the  Ordinary;  (c)  those  who  knowingly  confer  or  receive 
Holy  Orders  or  other  sacraments  simoniacally  (2371)  ;  (d) 
those  who  persist  a  year  under  censure  of  excommunication 
(2340:1).  Schismatics  are  baptized  persons  who  refuse  to 
acknowledge  the  headship  of  the  Pope,  or  to  be  in  communion 
with  the  members  of  the  Church  (1325:2). 

This  censure  is  reserved  to  the  Pope  for  the  internal  forum 
alone.     Pro  foro   externo   juridical   abjuration   before  the 


38  CENSURES 

Ordinary  or  his  delegate  and  at  least  two  witnesses,  is  suf- 
ficient, and  thereupon  any  confessor  can  absolve  from  the 
sin  (2314:2). 

2.  Publishers  of  books  by  apostates,  heretics,  or 
schismatics,  in  which  apostasy,  heresy  or  schism  is  de- 
fended. The  books  must  actually  have  appeared  in 
trade.  Likewise  persons  who  defend  or  knowingly 
without  permission  read  or  keep  the  above  mentioned 
books,  or  others  forbidden  by  papal  decree  which  men- 
tions them  by  title  (and  probabiliter  also  "sub  poena 
excommunicationis"  ) . 

Prohibition  by  decree  of  a  Congregation  would  not  suffice; 
there  must  be  a  document  of  the  Pope,  such  as  an  encyclical, 
bull,  or  brief  (2318:1). 

3.  Persons  not  priests  who  feign  to  say  Mass  or 
hear  confessions  (2322). 

4.  Persons  who  appeal  from  acts  of  the  Pope  to 
a  General  Council  (2332). 

5.  Those  who  have  recourse  to  the  civil  power  in 
order  to  hinder  communications  or  orders  of  the  Apos- 
tolic See  or  of  its  legates;  those  who  directly  or  in- 
directly impede  the  publication  or  execution  of  such 


CENSURES  39 

communications  or  orders;  those  who  gravely  injure 
or  threaten  any  one  on  their  account  (2333). 

6.  Those  who  pass  laws  or  decrees  against  the 
liberty  or  rights  of  the  Church  (2334;  i°). 

7.  Those  who  impede  the  exercise  of  ecclesiastical 
jurisdiction  by  having  recourse  for  this  purpose  to  any 
secular  power  (2334:  20). 

8.  Whosoever  dares,  without  permission  of  the 
Apostolic  See,  to  cite  before  a  lay  judge  a  Cardinal, 
a  Papal  Legate,  a  higher  official  of  the  Roman  Curia, 
or  his  own  Ordinary  (2341). 

9.  Whosoever  lays  violent  hands  upon  a  Cardinal, 
a  Papal  Legate,  or  a  Bishop  (2343:2,  3). 

10.  Whosoever  seizes  or  holds  in  possession  goods 
or  rights  of  the  Roman  Church  (2345). 

11.  Whosoever  falsifies  or  forges  papal  writings, 
or  knowingly  makes  use  of  such  forged  writings 
(2360). 

12.  Whosoever  personally  or  through  others  falsely 
accuses  a  confessor  of  the  crime  of  solicitation,  before 
an  ecclesiastical  superior  (2363). 


4o  CENSURES 

C.  " Simpliciter"  are  incurred  by 

i.  Trafficking  in  indulgences  (2327). 

2.  Joining  the  Freemasons,  or  similar  (secret) 
societies  that  plot  against  the  Church  or  against 
legitimate  civil  authority  (2335). 

Other  organizations  of  this  type  are,  for  example,  the 
Carbonari,  Anarchists  and  Nihilists,  but  not  the  ordinary 
run  of  Socialists,  as  these  have  an  open  organization. 

3.  Knowingly  absolving  from  an  excommunication 
reserved  to  the  Pope  specialissime  or  specialiter  with- 
out having  the  necessary  faculties  (2338:  1.) 

4.  Aiding  or  abetting  an  excommunicatus  vitandus 
in  his  crime;  for  clerics  also,  knowingly  and  freely 
communicating  in  divinis  with  such  a  person,  or  per- 
mitting him  to  be  present  at  divine  services  (2338:  2). 

5.  Citing  a  Bishop,  Abbot,  Prelate  nullius,  or  the 
Superior  General  of  a  papally-approved  religious  or- 
ganization before  a  lay  tribunal,  without  permission 
of  the  Apostolic  See  (2341). 

6.  Violating  the  cloister  of  Regular  organizations 

of  solemn  vows  (2342). 

• 

This  censure  is  incurred  by  (a)  persons  of  either  sex  who 


CENSURES  41 

without  proper  permission  enter  the  cloister  of  female  Reli- 
gious of  solemn  vows;  (&)  whoever  brings  in  such  persons 
or  allows  them  to  enter;  (c)  religious  women  who  leave 
papal  enclosure  illegitimately  (see  601) ;  (d)  female  persons 
entering  the  cloister  of  male  religious;  (e)  superiors  or 
others  that  bring  in  such  persons  or  allow  them  to  enter 
the  enclosure. 

7.  Expropriation  of  ecclesiastical  goods  of  any 
kind,  as  well  as  subsequent  acquisition  thereof,  or 
preventing  the  fruit  or  income  from  going  to  those 
entitled  thereto  (2346). 

The  goods  must  be  returned,  or  the  hindrance  cease, 
before  absolution  can  be  received. 

8.  Duelling  (2351)  and  having  any  part  therein. 

This  includes  the  principals  themselves;  those  who  chal- 
lenge or  accept  a  challenge;  those  that  assist  at  a  duel,  or 
favor  it,  or  even  witness  it  de  industria  (not  simply  by  ac- 
cident or  out  of  curiosity)  ;  persons  in  proper  authoritative 
position  who  permit  a  duel  or  do  not  strive  to  prevent  it  as 
best  they  can. 

9.  Attempted  marriage  (even  if  only  civil)  by  or 
with  clerics  in  major  orders  or  Religious  of  solemn 
vows  (2388:  1). 


42  CENSURES 

10.  Simony  in  acquiring  or  conferring  ecclesiastical 
offices,  benefices,  or  dignities  (2392). 

11.  Removing,  destroying,  concealing,  or  substan- 
tially altering  documents  of  any  episcopal  curia  (2405) . 

II.    EXCOMMUNICATIONS    RESERVED    TO   THE  ORDINARY 

These  are  incurred  by 

1.  Catholics  who  give  or  renew  matrimonial  consent 
before  a  non-Catholic  religious  official  as  such  (2319). 

2.  Catholics  who  at  the  time  of  marriage  explicitly 
or  tacitly  agree  to  have  all  or  some  of  their  children 
receive  a  non-Catholic  education;  and  Catholics  who 
knowingly  and  intentionally  have  their  children  bap- 
tized by  a  non-Catholic  religious  official;  and  likewise 
Catholic  parents  or  guardians  who  knowingly  have 
children  subject  to  them  brought  up  or  instructed  in 
a  non-Catholic  religion  (2319). 

3.  Those  who  make,  or  knowingly  sell,  distribute, 
or  expose  for  public  veneration  false  relics  (2326). 

4.  Those  that  lay  violent  hand  on  a  cleric  below 
the  rank  of  Bishop,  or  upon  a  Regular  of  either  sex 
(including  novices)  (2343:4). 


CENSURES  43 

5.  Those  procuring  abortion  effectu  sequuto,  the 
mother  herself  not  excepted  (2350). 

6.  Professed  of  perpetual  vows  who  apostatize  from 
their  religious  organization  (2385 ;  compare  with  644). 

This  may  be  incurred  by  illegitimately  leaving  the  cloister 
with  the  object  of  not  returning,  or,  after  having  legitimately 
left,  not  returning,  with  the  object  of  withdrawing  from 
religious  obedience.  This  object  is  presumed  by  law  when 
such  a  person  does  not  return  within  a  month,  or  at  least 
manifest  his  willingness  to  return.  For  exempt  religious 
organizations  of  clerics  this  censure  is  reserved  to  the  higher 
Superiors;  for  others,  to  the  Ordinary  of  the  place  where 
the  apostata  is  staying. 

7.  Professed  of  perpetual  simple  vows  who  contract 
marriage  (even  civilly)  as  well  as  their  consorts 
(2388: 2). 

III.    EXCOMMUNICATIONS  RESERVED  TO   NO  ONE 

These  are  incurred  by 

1.  Publishers  who  without  proper  permission  edit 
or  print  texts  of  the  Scriptures,  or  notes  and  com- 
mentaries thereon  (2318). 


44  CENSURES 

2.  Those  who  by  command  or  coercion  force  the 
ecclesiastical  burial  of  infidels,  notorious  apostates, 
heretics,  schismatics,  or  persons  excommunicated  by 
name  or  interdicted  (2339;  see  also  1240:  1). 

3.  Those  who  alienate  ecclesiastical  property  know- 
ingly without  papal  permission  when  the  latter  is  re- 
quired (2347;  compare  with  534: 1)  ;  this  applies  also 
to  the  persons  accepting  such  property,  or  agreeing  to 
its  alienation. 

4.  Those  who  force  a  person  in  any  manner  to  enter 
the  clerical  or  religious  state,  or  to  take  religious  vows 
(even  temporal:  2352). 

5.  Penitents  who  knowingly  neglect  to  denounce  a 
confessarius  sollicitans  to  proper  authorities  within 
one  month  (2368:  2).  These  can  be  absolved  only 
after  they  have  complied  with  their  obligation,  or  at 
least  seriously  promised  to  do  so. 

Interdicts  "Latae  Sententiae" 

An  interdict  reserved  to  the  Pope  speciali  modo  is 
incurred  by  universities,  colleges,  chapters,  and  other 
moral  persons  who  appeal  from  dispositions  of  the 
Pope  to  a  General  Council  (2332). 


CENSURES  45 

An  interdict  "ab  ingressu  ecclesiae"*  reserved  to 
the  Ordinary  is  incurred  by  the  following  offenses: 

i.  Spontaneously  according  infidels,  notorious  apos- 
tates, heretics,  schismatics,  and  persons  excommuni- 
cated by  name,  and  interdicted  persons,  ecclesiastical 
burial  (2339). 

2.  Knowingly  celebrating,  or  permitting  to  celebrate, 
divine  services  in  interdicted  places,  as  well  as  know- 
ingly permitting  clerics  excommunicated  by  name,  or 
suspended,  or  interdicted,  after  a  declaratory  or  con- 
demnatory sentence,  to  exercise  functions  of  Orders 
forbidden  by  the  censure  (2338:  3).* 

A  personal  interdict  (which  is  not  a  censure,  but  a  vin- 
dictive penalty)  is  incurred  by  him  who  has  given  occasion 
for  fulminating  an  interdict  upon  a  place,  a  community,  or 
a  collegiate  body  (2338:4).  For  the  effects  of  a  personal 
interdict  consult  Canon  2275. 


"This  means  that  the  person  thus  interdicted  is  prohibited  to 
celebrate  in  a  church,  or  to  assist  at  divine  services,  or  to  re- 
ceive ecclesiastical  burial. 

*  The  latter  is  no  censure,  but  rather  a  poena  vindicativa,  since 
the  interdict  holds  good  ad  beneplacitum  superioris  (see 
2291a0). 


46  CENSURES 

Suspensions  "Latae  Sententiae" 

i.  Reserved  to  the  Pope: 

(a)  Suspensio  totalis  (ab  officio  et  beneficio) 
of  clerics  who  knowingly  confer  or  re- 
ceive Orders  or  any  other  sacrament 
simoniacally  (2371). 

(&)  Suspensio  a  suscepto  ordine  of  persons 
who  maliciously  receive  Orders  without 
dimissorial  letters,  or  with  false  letters, 
or  before  the  canonical  age,  or  per  sal- 
turn  (2374). 

(c)  Suspensio  totalis  of  a  Religious  in  major 
Orders  whose  profession  has  been  de- 
clared null  on  account  of  deception  used 
by  him  in  making  it  (2387). 5 

2.  Suspension  ab  officio  reserved  to  the  Ordinary  is 
incurred  by  clerics  who,  without  permission  of  the 
local  Ordinary,  dare  to  cite  a  simple  cleric  (one  below 


"This  also  is  a  poena  vindicativa  and  not  a  censure,  because 
it  remains  effective  till  the  Holy  See  thinks  fit  to  remove  it 
(2387;  see  also  2298;  20). 


CENSURES  47 

the  rank  of  Bishop  or  Superior  General)  or  a  religious 
before  a  lay  tribunal  (2341), 

3.  Suspensio  totalis  reserved  to  the  higher  Regular 
Superiors  is  incurred  by  a  religiosus  fugitivus  in  major 
Orders  until  such  time  as  he  returns  (2386). 

A  fugitive  Religious  is  one  who  leaves  the  cloister  without 
the  permission  of  his  superiors,  yet  with  the  intention  of 
returning,  which  latter  is  wanting  in  an  apostate  religious 
(644:3)- 

4.  Suspensions  nemini  reservatae  are  incurred  by 
the  following,  among  others : 

(a)  By  priests  who  knowingly  hear  confes- 

sions without  having  the  required  juris- 
diction— suspensio  a  divinis. 

(b)  By  confessors  who  knowingly  absolve  re- 

served cases  without  proper  faculties — 
suspensio  ab  audiendis  confessionibus 
(2366). 

(c)  By  Regular  Superiors  who,  contrary  to  the 

provisions  of  the  law  (965-967),  de- 
liberately send  their  subjects  to  a  Bishop 
other  than  the  diocesan  for  ordination 


48  CENSURES 

(2410).    This  last  is  not  a  censure,  but 
a  poena  vindicativa. 

Other  suspensions,  having  to  do  chiefly  with  illegal 
ordination,  are  provided  in  Canons  2370,  2372,  2373, 
2400,  2402,  2409. 

Absolution  of  Censures 

General  Principles.  If  one  has  incurred  a  censure 
he  can  be  freed  therefrom  only  through  legitimate  ab- 
solution (2248:  1;  2236:  1).  If  he  has  incurred  a 
censure  that  hinders  the  reception  of  the  sacraments, 
he  can  not  be  validly  absolved  from  his  sins  unless 
he  has  previously  been  freed  from  the  censure 
(2250:  2).  The  absolution  of  a  censure  can  not  be 
refused  whenever  the  guilty  person  has  given  up  his 
evil  disposition  (contumacia)  in  the  matter  (2248:  2)  ; 
that  is,  when  he  sincerely  regrets  his  offense  and  makes 
good  any  scandal  or  damage  caused,  or  at  least  earn- 
estly promises  reparation  (2242:  3). 

An  absolution  from  censure  in  foro  externo  holds 
good  also  in  the  realm  of  conscience;  but  not  con- 
versely.   However,  one  who  has  been  absolved  in  foro 


CENSURES  49 

inferno  from  a  censure  may  conduct  himself  as  ab- 
solved in  acts  of  the  external  realm  also  as  long  as 
there  is  no  scandal  given  thereby  and  the  ecclesiastical 
superiors  do  not  object  (2251). 

Formula  for  Absolution.  The  form  contained  in 
the  Ritual,  given  immediately  before  the  sacramental 
absolution,  namely:  "Dominus  noster  Iesus  Christus," 
etc.,  is  to  be  used  in  the  absolution  from  censures  in 
foro  sacramentali  (2250:3).  Outside  of  the  latter, 
absolution  from  censure  may  be  imparted  by  any  con- 
venient and  fitting  form ;  such  are  given  in  the  Rituale 
Romanum,  Tit.  Ill,  Cap.  3,  5. 

Be  it  noted  that  a  person  who  has  incurred  several  cen- 
sures may  be  absolved  from  one  of  them  without  at  the 
same  time  being  released  from  the  others  (2249:1).  In 
order  to  be  absolved  from  all  censures  incurred,  the  guilty 
person  must  make  known  all  his  censures  to  the  one  absolv- 
ing. A  general  absolution  is  not  effective  for  censures  con- 
cealed mala  fide,  although  it  is  valid  for  such  as  are  over- 
looked bona  fide,  except  for  censures  reserved  to  the  Pope 
specialissimo  modo  (2249:2). 


So  CENSURES 


Faculties  to  Absolve  Relative  to  Censures 

Censures  that  are  not  reserved  may  be  absolved  by 
any  confessor  in  the  Sacrament  of  Penance  (2253: 

Reserved  censures  are  validly  absolved  by  any  con- 
fessor if  he  is  not  acquainted  with  the  reservation, 
except  in  the  case  of  censures  reserved  ab  homine  and 
of  those  reserved  to  the  Pope  specialissimo  modo 
(2247:  3). 

Censures  reserved  in  a  particular  district  may  be  absolved 
by  any  confessor  outside  that  district,  and  that  even  when 
the  guilty  person  has  gone  outside  the  particular  district 
in  fraudem  reservations  (2247:2). 

In  Casibus  Urgentioribus  any  confessor  can  absolve 
from  all  censures  reserved  in  any  way  whatsoever,  in 
the  Sacrament  of  Penance,  whilst  at  the  same  time 
placing  upon  the  penitent  the  obligation  of  recourse 
(2254: 1 ) .  A  case  may  be  considered  urgent  ( 1 )  when 
the  censure  incurred  can  not  be  lived  up  to  externally 
without  danger  of  grave  scandal  or  grave  injury  to 


CENSURES  51 

reputation;8  (2)  when  the  penitent  finds  it  hard  to 
continue  in  the  state  of  mortal  sin  until  such  time  as  the 
proper  superior  can  impart  either  the  absolution  or  the 
necessary  faculties.7 

Obligation  of  Recourse 

After  absolution  has  been  received  from  certain  cen- 
sures, there  may  still  remain  an  obligation  to  have 
recourse  to  the  proper  superior,  under  penalty  of  fall- 
ing back  into  the  same  censure.  This  obligation  is 
incurred  in  the  following  cases: 

1.  By  persons  who  whilst  in  danger  of  death  have 
received  absolution  from  a  priest  not  properly  author- 
ized for  a  censure  reserved  to  the  Pope  specialissimo 
modo.  Such  persons  must,  not  later  than  a  month 
after  their  restoration  to  health,  get  in  touch  with  the 
Sacred  Penitentiary,  or  with  any  other  person  dele- 
gated with  the  necessary  faculties,  and  receive  and 


*  This  danger  can  easily  occur  in  connection  with  an  obligation 
of  celebrating  Mass  or  receiving  Holy  Communion. 

7  This  case  may  occur  frequently,  for  to  have  to  wait  even 
one  or  two  days  may  be  quite  onerous  to  the  penitent. 


52  CENSURES 

conform  himself  to  the  usual  mandata}  advice  and 
penance  (2252;  see  also  2251  and  2254: 1). 

2.  By  any  person  who  whilst  in  danger  of  death 
has  been  absolved  from  a  censura  ab  homine,  as  above. 
He  is  obliged  to  have  recourse  to  the  person  who  has 
inflicted  the  censure. 

3.  By  any  person  who  under  urgent  circumstances 
(casus  urgentior)  has  been  absolved  by  a  confessor 
not  specially  authorized,  from  any  censure  reserved  to 
either  the  Pope  or  the  Ordinary.  The  obligation  of 
I  recourse  in  this  case  is  to  the  Sacred  Penitentiary,  or 
the  Ordinary,  or  any  ecclesiastical  superior  (e.  g.,  an 
Apostolic  Delegate),  but  not  to  any  simply  delegated 
person  (2254:  1). 

Recourse  may  be  had  either  personally  or  in  writing,  by 
the  censured  party  himself  or  through  an  intermediary. 
Practically  it  is  generally  done  through  the  confessor.  For 
ordinary  lay  persons  find  the  composition  and  sending  of 
the  proper  letter  (and  the  Roman  Curia  is  prepared  to  cor- 
respond in  Latin,  Italian,  English,  German,  French,  Spanish, 
and  Portugese)  difficult  enough;  they  could  scarcely  be  ex- 
pected to  grasp  the  technicalities,  clauses  and  instructions  of 
the  rescript  received  in  return. 

The  obligation  of  recourse  no  longer  binds  when  it 


CENSURES  53 

becomes  morally  impossible  in  some  extraordinary 
case  (2254:  3),  as  when  it  can  be  undertaken  only  at 
the  risk  of  grave  injury  to  character  (2254:  1). 

This  may  happen  when  confidential  correspondence  with 
Rome  or  with  the  Bishop  or  other  superior  is  jeopardized 
by  circumstances;  also  when  the  penitent  himself  can  not 
have  recourse,  and  still  will  be  unable  to  get  into  communi- 
cation with  his  confessor  (who  might  make  recourse  for  him) 
in  order  to  receive  the  mandata,  because  he  has  met  the  latter 
only  transitorily,  on  occasion  of  a  mission,  for  example. 

In  such  a  case  the  confessor  can  absolve  from  all  reserved 
censures  (with  the  exception  of  the  one  upon  absolutio  com- 
plicis 8)  without  obliging  him  to  recourse.  At  the  same  time 
he  is  to  impose  the  duties  and  penance  provided  in  the  ordi- 
nary course  of  law.  Particularly  is  the  penitent  to  be 
obliged,  under  penalty  of  reincurring  the  censure,  to  perform 
a  properly  proportioned  penance  within  a  definitely  assigned 
period,  and,  whenever  it  is  called  for,  to  make  satisfaction 
for  damage  or  scandal  (2254:3). 

Even  after  a  penitent  has  received  absolution  from 
censure  conjoined  to  the  obligation  of  recourse,  and 


"This  exception  is  grounded  upon  the  particular  heinousness 
of  the  offense,  on  one  part,  and  on  the  other  upon  the  fact  that 
the  delinquent  priest  may  himself  easily  take  care  of  the  matter 
of  recourse  and  receive  the  mandata  in  such  manner  that  they 
will  not  need  execution  by  a  third  person  (per  rescriptum  in 
forma  gratiosa,  Holy  Office,  June  3,  1899). 


54  CENSURES 

even  after  recourse  itself  has  been  begun,  he  is  always 
at  liberty  to  resubmit  his  case  to  a  specially  authorized 
confessor  and  to  request  from  the  latter  absolution 
from  the  sin  with  censure  attached.  If  it  is  granted 
he  must  abide  by  the  stipulations  of  this  confessor, 
and  later,  different  mandata  received  from  a  superior 
through  the  recourse,  need  not  then  be  followed 
(2254:  2\. 

Practical  Procedure 

When  a  penitent  confesses  a  sin  that  has  a  reserved 
censure  attached,  the  confessor  must  first  of  all  assure 
himself  that  the  person  has  actually  incurred  the  cen- 
sure; that  is,  he  must  determine  whether  all  the  con- 
ditions required  by  law  for  the  coming  into  effect  of 
the  censure  both  on  the  part  of  the  delinquent  himself 
and  on  the  part  of  the  offense,  have  been  fulfilled  (see 
pp.  31,  32  above).  Moreover,  he  must  examine 
whether  there  may  not  be  subjective  grounds  for  ex- 
cuse, such  as  ignorance  of  the  law,  and  particularly  of 
the  punishment  (see  pp.  33,  34  above). 

It  is  on  the  latter  account  that  lay  persons  relatively  sel- 
dom incur  censures,  because  they  are  not  in  duty  bound  to 


CENSURES  55 

be  acquainted  with  the  ecclesiastical  penal  code;  generally 
speaking,  they  must  have  received  some  warning.  It  is 
quite  different  for  clerics,  who  are  by  their  very  position 
obliged  to  know  something  of  censures ;  with  them  ignorance 
may  easily  be  crassa  or  even  affectata,  which  does  not 
excuse. 

If,  upon  examination,  it  is  clear  that  the  penitent 
has  actually  incurred  the  censure,  then  in  turn  the 
confessor  must  determine  whether  he  himself  is  author- 
ised under  any  title  (general  law  or  diocesan  prescrip- 
tion or  personal  delegation)  to  grant  absolution  in  the 
case. 

If  he  himself  can  absolve  without  obliging  to  re- 
course to  higher  authorities,  then  the  absolution  is  to 
be  preceded  by  proper  warnings,  and  a  proportionate 
penance  imposed. 

If  he  can  absolve  only  by  at  the  same  time  imposing 
the  obligation  of  recourse,  the  penitent  is  to  be  in- 
structed in  this  regard.  Practically  the  confessor  will 
generally  have  to  offer  himself  as  mediator  for  the 
recourse.9 


9  The  confessor  as  intermediary  for  recourse  has  to  be  careful 
of  the  seal  of  confession.  Only  fictitious  names  are  to  be  used. 
A  form  for  recourse  is  given  in  the  Appendix. 


56     ■  CENSURES 

If  he  can  not  absolve  under  the  circumstances,  he 
must  either  direct  the  penitent  to  some  attainable  per- 
son who  has  the  requisite  authority,  or  he  must  ask 
him  to  wait  until  such  time  as  proper  faculties  can  be 
obtained  from  the  Sacred  Penitentiary  or  from  the 
Ordinary.10 


"To  the  province  of  the  Ordinary  belong  (a)  all  censures 
reserved  to  him;  (b)  all  censures  reserved  to  the  Pope  sim- 
pliciter  when  the  cases  are  occult  (2237:2) ;  (c)  under  the  latter 
condition  frequently  also  censures  reserved  to  the  Pope  speciali 
modo.  In  fact,  so  long  as  there  is  no  danger  of  violating  the 
seal,  it  is  generally  convenient  to  appeal  to  the  Ordinary  for 
the  mediation  of  recourse  in  all  cases  of  censures  reserved  to 
the  Pope. 


SECOND  SECTION 

FACULTIES  OF  PASTORS  AND  CONFESSORS 
FOR  DISPENSATION 

IN  REGARD  TO 

I.  THE  PRECEPTS  OF  THE  CHURCH 
II.  VOWS  AND  PROMISSORY  OATHS 

III.  MATRIMONIAL  IMPEDIMENTS 

IV.  IRREGULARITIES 

V.  VINDICTIVE  PENALTIES 


FIRST  PART 

Faculties  for  Dispensation  in  Regard  to  the 
Precepts  of  the  Church 

Obligation  of  Hearing  Mass,  and  Prohibition  of 
Work  on  Sundays  and  Holy  Days 

Besides  all  the  Sundays  of  the  year,  the  following 
feasts  are  holy  days  of  obligation  for  the  universal 
Church :  Christmas,  New  Year's,  Epiphany,  the  Ascen- 
sion, Corpus  Christi,  the  Immaculate  Conception  and 
the  Assumption  of  Our  Lady,  the  Feasts  of  St.  Joseph 
(March  19th),  Sts.  Peter  and  Paul,  and  All  Saints. 
Of  the  above  list  the  Feasts  of  Epiphany,  Corpus 
Christi,  St.  Joseph,  Sts.  Peter  and  Paul  are  not  of 
obligation  in  the  United  States,  where  the  list  of  the 
Third  Council  of  Baltimore  is  still  to  be  followed. 

Patronal  feasts  are  not  holy  days  of  obligation  (1247:2)  ; 
the  Ordinary  may  transfer  their  external  observance  to  the 
following  Sunday.    If  in  some  country  or  territory  any  of 

59 


60  PRECEPTS  OF  THE  CHURCH 

the  above  holy  days  are  legitimately  suppressed  or  trans- 
ferred, no  change  is  to  be  made  in  that  regard  without  consul- 
tation of  the  Holy  See,  to  which  alone  is  reserved  the  selec- 
tion, transfer,  and  suppression  of  feasts  for  the  universal 
Church  (1244). 

Other  holy  days  of  obligation  for  particular  terri- 
tories can  be  instituted  (a)  by  special  apostolic  indult 
obtained  after  the  promulgation  of  the  Code  (par- 
ticular indults  or  customs  in  this  matter  dating  from 
before  the  Code  no  longer  have  force);1  (b)  on  the 
base  of  a  concordat  or  similar  agreement  between  the 
Church  and  divers  States  (see  Canon  3)  ;  (c)  in  tran- 
sitory instances,  by  order  of  the  local  Ordinary,  who 
is  empowered  to  appoint  such  days  as  well  as  abstinence 
or  fast  days  for  his  diocese  or  for  sections  thereof 
per  modum  actus  (1244:  2). 

The  duty  of  "keeping  holy"  Sundays  and  feast  days 
is  binding  upon  all  the  faithful  who  have  attained  the 
use  of  reason,  after  their  seventh  year  of  age  (12), 
and  implies  a  double  obligation: 

1.  The  hearing  of  Mass,  or  celebration  thereof. 
This  obligation  may  be  satisfied  by  hearing  one  Mass 


*  Commission  for  Interpretation  of  the  Code,  Feb.  17,  1918, 
ad  III. 


PRECEPTS  OF   THE  CHURCH  61 

in  any  church  and  any  public  or  semipublic  chapel,  or 
in  any  private  mortuary  chapel 2  (but  in  other  private 
oratories  only  by  papal  privilege),  or  beneath  the  open 
sky  (1249). 

2.  Abstention  from  certain  acts,  namely:  (a)  servile 
works;  (b)  forensic  acts,  such  as  trials;  (c)  public 
mercantile  transactions,  such  as  marketing  and  general 
commercial  buying  and  selling  ( 1248).  The  acts  men- 
tioned in  the  last  group  may  be  permitted  either  by 
legitimate  custom  or  by  special  indults. 

Faculties  for  Dispensation  in  above  matters  are 
granted  by  law  to  pastors,  who  in  individual  cases  and 
for  a  just  reason  may  exempt  persons  or  families  of 
their  parish  anywhere,  or  strangers  within  their  parish. 
They  can  not  dispense  the  parish  as  a  whole.  The 
above  faculties  extend  both  to  the  hearing  of  Mass 
and  the  prohibition  of  work,  but  can  not  be  applied 
habitually,  although  their  application  can  be  repeated 
so  long  as  the  iusta  causa  persists.3    Superiors  of  ex- 


*By  these  are  meant  not  undertakers'  parlors  or  "chapels," 
but  private  oratories  erected  in  a  cemetery  by  persons  as  mau- 
soleums for  their  burial   (1190). 

*  It  is  quite  doubtful  whether  pastors  can  delegate  these  facul- 
ties to  others  under  the  provisions  of  Canon  199:1. 


62  PRECEPTS  OF  THE  CHURCH 

empt  Regular  organizations  have  in  regard  to  their 
subjects  the  same  faculties  as  pastors  (1245). 


Precept  of  Fasting  and  Abstinence 

All  Fridays  of  the  year  outside  of  Lent  are,  of  them- 
selves, days  of  abstinence  alone.  Days  of  both  fast 
and  abstinence  are  the  following:  Ash  Wednesday, 
Fridays  and  Saturdays  of  Lent  (till  noon  only  on 
Holy  Saturday),  Ember  Days,  and  the  vigils  of  Pente- 
cost, Assumption,  All  Saints',  and  Christmas.  Days  of 
fast  without  obligation  of  abstinence  are  all  the  days 
of  Lent  not  above  enumerated,  except  Sundays.4 

Particular  indults  in  these  matters  granted  to  any 
nation  or  group,  or  Ordinaries,  remain  in  force  until 
they  run  out  or  are  revoked  (1253). 

If  a  day  of  fast  or  abstinence  happens  to  fall  upon  a 
Sunday,  the  obligation  simply  ceases;  the  same  holds  good 
for  holy  days  of  obligation  except  when  they  occur  within 


*An  extraordinary  fast  is  prescribed  on  the  day  preceding  the 
consecration  of  a  church,  only  for  the  consecrating  Bishop  and 
for  those  who,  as  patrons,  are  having  the  church  consecrated 
(1166:2;  see  also  the  Pontificate  Romanum). 


PRECEPTS  OF  THE  CHURCH  63 

Lent.5  Even  when  a  vigil  is  liturgically  anticipated,  there 
is  no  transference  of  the  fast.6  If,  however,  a  holyday  of 
obligation  in  the  universal  Church  is  legitimately  suppressed 
or  transferred  in  some  district,  it  has  no  effect  upon  the 
obligation  of  fast  or  abstinence  (Commission  for  Interpre- 
tation of  the  Code,  Feb.  17,  1918,  ad  I). 

Other,  particular,  days  of  fast  or  abstinence  may 
obtain  (a)  in  transitory  instances  by  order  of  the  Or- 
dinary (1244:2);  (b)  on  the  base  of  a  vow  of  a 
juristic  person  (diocese,  parish,  etc.);  (c)  on  the 
ground  of  rules  or  constitutions  of  religious  organiza- 
tions (1253). 

The  precept  of  abstinence  obliges  all  the  faithful 
who  have  arrived  at  the  use  of  reason  to  do  without 
meat  or  meat  juice  {ius  ex  came,  1250)  at  stated 
periods  after  their  seventh  year  of  age  (1245:  1 ;  12). 
The  precept  of  fasting  allows  the  faithful  who  have 
completed  their  21st  year  of  age  and  not  yet  begun 
their  60th  (1245:  2)  to  take  but  one  full  meal  a  day 


8  On  holy  days  in  Lent  the  fast  persists  (Commission  for  Inter- 
pretation of  the  Code,  Nov.  24,  1920,  ad  II;  Acta  Apostolicae 
Sedis  1920,  p.  576). 

6  Thus,  should  the  feast  of  All  Saints  fall  upon  Monday,  the 
vigil  is  liturgically  anticipated  on  the  previous  Saturday,  but  the 
precept  of  fasting  ceases  nevertheless. 


64  PRECEPTS  OF  THE  CHURCH 

at  the  times  appointed  (1251:  1).  Besides  this  full 
meal,  however,  a  slight  repast  is  allowed  on  the  occa- 
sion of  the  two  other  customary  meals,  whereat  in 
respect  to  quantity  and  quality  the  legitimate  customs 
of  the  country  are  to  be  followed. 

Faculties  for  Dispensation  are  by  law  granted  to 
pastors  whereby  they  can,  in  individual  cases  and  for 
particular  persons  or  families,  dispense  their  parishion- 
ers anywhere,  and  strangers  within  their  parochial  ter- 
ritory, from  the  precepts  of  fast  or  abstinence,  or  both 
(1245:  1).  Superiors  of  exempt  Regular  organiza- 
tions of  clerics  have  the  same  faculties  in  regard  to 
their  subjects  (1245 :  3). 

Confessors  have  in  these  matters  no  faculties  as  by  law 
granted,  though  they  are  frequently  delegated  for  individual 
cases  of  their  penitents.  Further  dispensations  than  the 
above  have  to  be  sought  of  the  Congregation  of  the  Council 
(250:2)  or  of  the  Ordinary.7 


T  The  diocesan  Lenten  regulations  should  be  consulted  for 
details.  Applications  for  further  dispensation  are  best  made  to 
the  Ordinary,  as  he  is  generally  empowered  with  special  dele- 
gation, and  besides  has  ordinary  faculties  to  dispense  his  diocese 
or  parts  thereof  from  this  precept  on  account  of  any  great  con- 
course of  people,  on  religious  or  civic  occasions,  or  because  of 
epidemic  disease  (1245:2).    Religious  can  take  advantage  of  dis- 


PRECEPTS  OF  THE  CHURCH  65 

Easter  Communion 

According  to  Canon  Law,  the  season  within  which 
every  one  of  the  faithful  who  has  arrived  at  the  use 
of  reason  must  receive  Holy  Communion  (859:  1) 
worthily  (861)  extends  from  Palm  Sunday  to 
Low  Sunday  (the  Sunday  after  Easter)  inclusively 
(859:2).  However,  the  local  Ordinaries  are  em- 
powered, according  to  the  needs  of  persons  and  places, 
to  extend  further,  for  individuals  or  for  all,  the  season 
for  this  purpose.  It  is,  however,  not  to  begin  before 
Laetare  Sunday  (the  fourth  of  Lent)  or  to  go  beyond 
Trinity  Sunday. 

Whoever  has,  through  his  own  fault  or  otherwise,  not 
received  Holy  Communion  within  the  prescribed  time,  is 
obliged  to  make  good  his  omission,  because  he  is  still  bound 
by  the  general  precept  of  yearly  Communion  (Lehmkuhl  I, 
1453;  Genicot,  Noldin),  which  is  probably  binding  until 
the  next  civil  New  Year. 

Every  pastor  and  approved  confessor*  is  authorized 
to  permit  his  penitents  to  prorogue  the  reception  of 

pensations  of  the  Ordinary  whenever  their  vows  or  rules  do  not 
oblige  them  beyond  the  ordinary  fasting  regulations  of  the 
Church. 


66  PRECEPTS  OF  THE  CHURCH 

Easter  Communion  temporarily  beyond  the  legal 
period,  when  there  exists  a  reasonable  cause  therefor 
(859:1). 

Reasonable  causes  in  this  matter  would  be:  the  necessity 
of  putting  off  absolution  on  account  of  doubtful  requisite 
dispositions;  necessity  of  repairing  scandal;  irremovable 
hindrance  to  Communion,  such  as  a  trip  that  can  not  be  put 
off;  impossibility  of  receiving  absolution  except  from  a 
confessor  to  whom  one  can  not  go  to  confession  without  at 
least  great  embarrassment. 

Communion  Fast 

The  reception  of  Holy  Communion  must  be  pre- 
ceded by  an  absolute  fast,  from  midnight  on,  except 
in  case  of  danger  of  death,  or  when  there  exists  the 
necessity  of  keeping  the  Sacred  Species  from  profana- 
tion, by  consuming  them,  or  when  the  essence  of  Mass, 
already  begun,  has  to  be  completed  (858:  1). 

For  determining  the  midnight  hour  in  this  matter,  one  is 
not  bound  to  the  local  time,  but  can  make  use  of  the  astro- 
nomical, civic,  legal,  or  extraordinarily  adopted  (such  as 
"daylight  saving")  time  system  (33:1).    There  is,  moreover, 


'"Proprius  sacerdos"  has  generally  been  taken   to  mean  the 
confessor,  which  interpretation  is  supported  by  Canon  6,  2°. 


PRECEPTS  OF  THE   CHURCH  67 

no  obligation  of  law  to  anticipate  midnight  with  the  fast 
when  Holy  Communion  is  to  be  received  shortly  after  mid- 
night, as  may  happen  at  Christmas,  etc. 

Grant  of  the  Law  for  Sick  Persons.  Those  who 
have  been  bound  by  serious  illness  for  a  month,  and 
are  without  hope  of  speedily  recovering  their  health, 
may,  upon  the  advice  of  their  confessor,  receive  Holy 
Communion  once  or  twice  a  week,  even  if  they  have 
since  midnight  taken  some  medicine,  or  some  drink 
or  nourishment  in  liquid  form  (858:  2). 

Such  patients  need  not  necessarily  be  continually  confined 
to  bed  (S.  Cong.  Council,  March  25,  1907).  However, 
where  persons,  although  ill,  are  able  to  be  up  and  about 
sufficiently  to  leave  the  house,  this  privilege  can  not  be  used, 
even  though  they  find  it  difficult  or  impossible  to  receive 
Holy  Communion  fasting  or  in  church.  This  may  frequently 
be  the  case  with  persons  afflicted  with  some  heart  trouble. 
For  such  a  special  indult  may  be  requested  from  the  S. 
Congr.  of  Sacraments. 

In  this  connection  it  is  well  to  remember  that  Holy  Com- 
munion may  be  administered  as  Viaticum,  consequently, 
without  obligation  of  fast,  more  than  once,  on  different  days, 
so  long  as  the  danger  of  death  continues  (864:3). 


SECOND  PART 

Faculties  for  Dispensation  in  Regard  to  Vows 
and  Promissory  Oaths 

A  Vow  is  a  promise  made  freely  and  deliberately 
to  God  to  do  some  good  that  is  possible  and  better 
than  its  opposite  (1307:  1).  Vows  are  distinguished 
into  personal,  which  oblige  to  some  personal  action 
on  the  part  of  the  one  promising;  and  real,  whereby 
a  thing  (such  as  alms)  is  promised  to  God.  These 
two  kinds  may  be  combined  to  form  a  mixed  vow 
(1308:  4).  Private  vows  are  such  as  are  taken  when 
the  Church  has  no  part  in  the  making  of  the  promise. 
In  public  vows  the  promise  is  received  by  some  ec- 
clesiastical superior  in  the  name  of  the  Church;  if  this 
is  done  with  special  authority  or  solemnity  the  vows 
are  called  solemn;  otherwise,  like  all  private  vows, 

they  are  simple  (1308:  1,  2).     Vows,  moreover,  are 

68 


VOWS  AND   PROMISSORY  OATHS  69 

reserved   when   only  the   Pope  or   some   other   duly 
authorized  person  can  dispense  therefrom  (1308:  3). 

Two  private  vows  are  reserved  to  the  Holy  See:  (1)  the 
vow  of  perpetual  and  perfect  chastity,1  and  (2)  the  vow  to 
enter  a  religious  organization  having  solemn  vows  (1309; 
488:2) — provided  that  such  a  vow  is  taken  unconditionally 
and  after  the  completed  eighteenth  year  of  age. 

An  Oath  is  a  calling  upon  God  as  witness  of 
one's  truthfulness  (1316:  1)  in  a  declaration  (iura- 
mentum  assertorium)  or  a  promise  {iuramentum 
promissorium) .  In  the  latter  case,  which  alone  is  here 
considered,  the  person  swearing  is  bound  to  what  he 
has  promised,  ex  titulo  religionis  (1317:  1),  be  it  a 
resolution,  a  simple  promise,  a  contractual  promise,  or 
a  vow. 

Reserved  to  the  Holy  See  is  a  promise  made  under  oath 
in  favor  of  another  who  insists  upon  its  fulfillment  (1320). 


1  This  would  not  include,  for  example,  the  vow  never  to  marry, 
or  of  conjugal  continence,  or  a  vow  of  perfect  chastity  for  but 
a  time  only. 


70  VOWS  AND  PROMISSORY  OATHS 

Power  of  Irritation 

By  Irritation  of  a  vow  or  promissory  oath  is  under- 
stood its  complete  and  perpetual  voidance  by  any  per- 
son who  has  dominative  power  over  the  will  of  the 
one  vowing  or  swearing  (1312:  1 ;  1320).  To  be  licit 
on  the  part  of  the  voiding  person  there  must  be  a  just 
cause. 

Since  Religious  Superiors  have  potestas  dominativa 
(501:  1)  over  the  professed  subject  to  them  by  virtue 
of  the  vow  of  obedience,  they  possess  also  the  power 
of  making  void  private  vows  or  promissory  oaths 
taken  by  the  latter  after  their  profession.  Any  vows 
taken  before  profession  are  considered  suspended  dur- 
ing the  period  that  a  professed  remains  a  member  of 
his  organization  (1315). 

Pastors  and  confessors,  as  such,  have  no  power  of  irri- 
tation, not  having  potestas  dominativa. 

The  father  (or  his  legitimate  representative,  as  a  guard- 
ian) can  void  vows  or  promissory  oaths  of  his  children  taken 
by  them  before  the  age  of  puberty  and  not  afterwards 
renewed;  and  the  husband  has  the  same  power  in  regard  to 
vows  or  promissory  oaths  taken  by  his  wife  after  their  mar- 
riage. 


VOWS  AND  PROMISSORY  OATHS  71 


Power  of  Suspension 

If  a  person,  though  not  possessing  any  direct  rights 
over  the  will  of  another,  has  nevertheless  power  over 
the  object  of  a  vow  or  a  promissory  oath,  he  can  sus- 
pend the  obligation  of  such  vow  or  oath  in  so  far  and 
as  long  as  its  fulfillment  runs  counter  to  his  rights 
(1312:2). 

Thus  religious  Superiors  can  suspend  vows  and  promissory 
oaths  of  their  novices  and  postulants,  when  the  fulfillment 
of  these  would  be  counter  to  the  organization's  rights.  The 
same  holds  good  for  parents  and  guardians  in  regard  to 
their  children;  for  married  persons  in  regard  to  such  vows 
or  oaths  made  even  before  marriage,  when  they  run  counter 
to  the  fulfillment  of  marital  rights;  for  masters  in  regard 
to  such  vows  or  oaths  of  their  servants  as  would  interfere 
with  the  latter's  fulfillment  of  their  proper  duties. 

Power  of  Dispensation 

A  dispensation,  unlike  irritation  and  suspension,  is 
the  release  of  the  obligation  of  a  vow  or  promissory 
oath,  granted  by  competent  authority  in  the  name  of 
God. 


72  VOWS  AND  PROMISSORY  OATHS 

In  order  that  a  dispensation  be  valid,  besides  proper 
authority  on  the  part  of  the  grantor,  it  is  required  ( I ) 
that  there  be  a  just  reason  (as,  for  example,  the  glory 
of  God,  the  need  of  the  Church,  the  State,  or  the 
family,  the  spiritual  welfare  of  the  person  who  has 
vowed,  or  on  the  part  of  the  vow  itself,  lack  of  de- 
liberation or  some  fear)  ;  (2)  that  the  vow  or  promis- 
sory oath  be  not  in  favor  of  a  third  party  who  insists 
upon  the  fulfillment  thereof.  A  causa  medio criter 
gravis  suffices  for  valid  dispensation,  which  latter 
holds  good  also  when  there  is  doubt  as  to  the  suffi- 
ciency (not  the  existence)  of  the  cause  (84:2).  In 
all  cases  the  person  vowing  or  swearing  must  be 
willing  to  be  dispensed. 

In  order  that  the  dispensation  be  licit  the  ground 
for  dispensing  must  correspond  to  the  gravity  of  the 
vow  or  oath  itself.  In  some  cases  the  dispensation 
is  to  be  connected  with  the  commutation  of  the  obliga- 
tion into  a  lesser  one  (particularly  when  there  was  full 
deliberation  and  freedom  in  taking  on  the  original 
obligation). 

The  Superior  of  an  exempt  clerical  organization, 
under  the  conditions  given  above,  can  dispense  his  sub- 


VOWS  AND  PROMISSORY  OATHS  73 

jects  from  all  non-reserved  vows  and  promissory  oaths 
(1313:2°). 

The  confessors  of  Regular  Orders,  by  virtue  of 
special  privilege,  have,  in  relation  to  their  secular  peni- 
tents, the  same  faculties,  under  similar  conditions. 

Pastors  and  ordinary  confessors  as  such  have  no  faculties 
to  dispense  in  these  matters.  Consequently,  where  irrita- 
tion, suspension,  or  commutation  do  not  apply,  they  must 
direct  the  faithful  to  some  one  properly  empowered  or 
themselves  obtain  necessary  authorization  from  the  Sacred 
Penitentiary  or  the  Ordinary.  The  latter  has  ordinary 
power  in  these  matters  similar  to  those  of  religious  superiors 
relative  to  their  subjects  (1313:1°;  1329). 

Power  of  Commutation 

Commutation  of  a  vow  or  promissory  oath  consists 
in  replacing  or  changing  for  another  the  good  work 
promised.  The  exchange  may  be  for  either  an  equal, 
a  better,  or  a  less  good  work,  according  as  the  sub- 
stituted work  is  equally,  or  more,  or  less,  efficient  for 
the  glory  of  God  or  the  good  of  the  soul  of  the  person 
promising. 

Reserved  vows  can  be  commuted  only  with  apostolic  au- 
thorization; vows  in  favor  of  a  third  party,  only  with  the 


74  VOWS  AND  PROMISSORY  OATHS 

latter's  consent,  even  when  the  work  to  be  substituted  is 
equally  as  good  or  better  than  the  original. 

Vows  and  promissory  oaths  other  than  those  just 
mentioned  can  be  commuted  into  an  equally  good  or 
better  work  by  the  promisor  himself,  without  any 
special  faculties.  But  a  commutation  in  minus  bonum 
becomes  equivalent  to  a  dispensation  and  is  subject  to 
the  same  regulations. 

A  causa  iusta  is  required  for  the  licitness  of  a  commuta- 
tion in  opus  aequale,  and  for  the  validity  also  of  the  com- 
mutation in  minus  bonum.  The  reasons,  in  cases  of  commu- 
tation, however,  need  not  be  as  important  as  those  required 
for  dispensation.  The  following  would  be  sufficient:  a 
greater  subjective  inclination  for  the  substitute  work,  and 
the  consequent  better  assurance  of  fulfillment;  lessening  of 
danger  of  non-fulfillment  of  the  vow  or  promissory  oath. 


THIRD  PART 

Faculties  for  Dispensation  Regarding  the 
Contraction  of  Marriage 

Matrimonial  Impediments 

Impeding  Impediments  are  such  as  forbid  the  con- 
traction of  marriage  but  do  not  invalidate  or  nullify 
the  same.    They  are  at  present  the  following  three: 

i.  The  simple  vows  of  virginity,1  perfect  chastity, 
never  to  marry,  to  receive  major  Orders,  to  enter  the 
religious  life  (1058:  1).  The  last  holds  good  even  for 
entering  a  Congregation  (487). 

2.  Legal  relationship  (cognatio  le galls)  as  between 
persons  adopting  and  their  adoptive  children,  in  so  far 
as  the  civil  law  of  various  countries  forbids  marriage 
on  this  account  (1059). 


1  "V ovens  castitatem  promittit  abstinere  ab  omni  delectatione 
venerea  sive  illicita,  sive  licita  in  matrimonio"  Noldin,  Summa 
Theol.  Moral.,  Ill,  562. 

75 


76  MARRIAGE 

3.  Mixed  Religion;  that  is,  the  difference  of  belief 
and  practice  existing  between  a  Catholic  and  a  baptized 
heretic  or  schismatic  (1060). 

Two  conditions  are  preliminary  to  the  granting  of  a  dis- 
pensation in  the  matter  of  mixed  religion:  (1)  the  presence 
of  just  and  serious  reasons  {iustae  ac  graves  causae) ;  (2) 
a  morally  reliable  guarantee  (cautio),  regularly  to  be  given 
in  writing,  (a)  on  the  part  of  the  non-Catholic,  to  remove 
any  danger  of  religious  perversion  of  the  Catholic;  and 
(6)  on  the  part  of  both  Catholic  and  non-Catholic,  of  the 
exclusively  Catholic  Baptism  and  education  of  all  issue 
(1061). 

The  Catholic,  moreover,  is  further  bound  prudently  to 
strive  for  the  conversion  of  the  non-Catholic  (1062),  but 
a  formal  promise  to  this  effect  is  not  required.  No  formal 
promise,  likewise,  is  exacted  from  the  non-Catholic  to  pre- 
vent a  declaration  of  marital  consent  before  some  non- 
Catholic  minister  of  religion,  either  before  or  after  the 
Catholic  marriage  (1063:1). 

In  this  matter  the  penalties  of  excommunication  reserved 
to  the  Ordinary  may  be  seen  on  p.  42. 

Here  may  be  furthermore  enumerated  certain  pre- 
cepts forbidding  marriage,  which  are  no  longer  canon- 
ical impediments.    Such  are: 

1.  The  vetitum  ecclesiae;  that  is,  the  temporary  pro- 


MARRIAGE  77 

hibition  of  an  individual  marriage,  emanating  from 
the  Ordinary,  for  a  just  reason  (1039:  1). 

2.  The  tempus  clausum,  whereby  the  celebration  of 
marriage  with  nuptial  blessing  is  not  allowed  during 
the  time  between  the  First  Sunday  of  Advent  and 
Christmas  and  between  Ash  Wednesday  and  Easter 
Sunday,  inclusive,  in  both  cases  (1108:  1,  2).  How- 
ever, for  just  cause  the  Ordinary  may  give  permission 
for  nuptial  Mass  even  during  the  closed  time,  request- 
ing the  parties  to  refrain  from  notable  external  show 

(1108:3). 

3.  Engagement  valid  canonically,  made,  in  writing, 
according  to  the  stipulations  of  Canon  1017. 

4.  Lack  of  parental  consent,  in  the  case  of  minors, 
which  necessitates  consulting  the  Ordinary  (1034). 

Diriment  Impediments-,  which  absolutely  nullify  the 
contraction  of  marriage,  are  the  following  thirteen: 

1.  Lack  of  nubile  age,  in  the  canonical,  not  the 
natural  sense.  Men  must  have  completed  the  16th, 
women  the  14th  year  of  age  (1067:  1). 

2.  Sexual  impotence,  "antecedens  et  perpetua,  sive 
ex  parte  viri  sive  ex  parte  mulieris,  sive  alteri  cognita 


78  MARRIAGE 

sive  non,  sive  absoluta  sive  relativa"  (1068:  1).  If 
this  impediment  is  legally  or  factually  doubtful,  the 
marriage  is  not  to  be  prevented  (1068:  2);  thus  the 
difficulty  regarding  the  case  of  "extir patio  uteri  et 
ovariorum"  is  practically  solved.  Sterility  is  not  a 
matrimonial  impediment  (1068:  3). 

3.  Previous  matrimonial  contract  still  existing  (liga- 
men;  1069:  1).  A  new  matrimonial  contract  can  not 
be  entered  upon  before  the  nullity  or  dissolution  of 
any  previous  marriage,  whether  civil  or  religious,  has 
been  legitimately  and  surely  established  (1069:  2). 

4.  Disparity  of  cult,  as  existing  between  Catholics 
and  unbaptized  persons  such  as  Jews,  Mohammedans, 
heathens,  and  all  other  persons  either  not  baptized  at 
all  or  certainly  invalidly  baptized  (1070:  1). 

Any  person  who  has  been  baptized  in  the  Catholic  Church 
or  has  entered  the  same  as  a  convert  from  heresy  or  schism, 
is  considered  a  Catholic  for  the  purposes  of  this  impediment. 
The  marriages  of  validly  baptized  heretics  or  schismatics 
are  not  affected  by  this  Canon.  Requirements  for  dispensa- 
tion are  the  same  as  those  for  the  impediment  mixtae 
religionis  (1071:   see  p.  76). 

In  case  of  doubt  concerning  the  Baptism  of  the  non- 
Catholic  party,  a  marriage  already  contracted  is  to  be  con- 


MARRIAGE  79 

sidered  valid,  until  the  absence  or  nullity  of  the  Baptism  of 
the  non-Catholic  has  been  definitely  established  (1070:2). 

5.  Major  Orders  (ordo  sacer;  1072). — When,  how- 
ever, it  is  legally  proved  that  a  person  received  the 
subdiaconate  under  the  influence  of  grave  fear  and 
after  the  removal  of  that  fear  in  no  wise  expressly 
or  implicitly  ratified  his  ordination,  this  impediment 
does  not  hold  good  (214). 

6.  Solemn  Vows,  and  even  simple  religious  vows 
when  the  latter  through  special  declaration  of  the  Holy 
See  have  a  nullifying  effect  upon  the  marriage  contract 
(1073). 

7.  Rape,  or  Abduction  when  the  woman  has  been 
kidnapped,  or  even  when  she  is  being  kept  by  force 
in  some  place  which  she  freely  entered,  when  such 
violence  has  been  applied  for  the  purpose  of  coercing 
marriage.  This  impediment  ceases  as  soon  as  the 
woman  is  out  of  the  power  of  the  raptor  (1074). 

8.  Crime;  that  is: 

(a)  "Adulterium    cum    promissione    matri- 

monii." 

(b)  "Adulterium    cum    attentatione    matri- 


80  MARRIAGE 

monii,"  even  when  the  latter  is  only 
civil. 

(c)  " Adulterium  cum  conmgicidio,  uno  pat- 

rante." 

(d)  Moral   or   physical  cooperation  in  con- 

jugicide   {"coniugicidium  utroque  pat- 
rant e" ;  1075). 

9.  Consanguinity  in  all  degrees  of  direct  descent 
and  to  the  third  degree,  inclusive  of  indirect  descent 
— second  cousins  (1076:  1,  2).  This  impediment  is 
induced  by  blood  relationship  arising  from  either 
marital  or  illegitimate  intercourse.  Compounding  of 
this  impediment  takes  place  when  persons'  relationship 
can  be  traced  to  more  than  one  common  stem. 

10.  Affinity  arising  only  from  valid  sacramental 
marriage  (whether  consummated  or  not)  in  all  de- 
grees of  direct  relationship,  and  to  the  second  degree, 
inclusive  of  indirect  relationship  (1077:  1;  97:  1,  2). 
Compounding  of  this  impediment  takes  place  by  com- 
pounding of  the  underlying  consanguinity  of  the  other 
party,  or  when  a  widowed  party  enters  into  valid  mar- 


MARRIAGE  81 

riage  with  a  blood  relative  of  the  deceased  party  to  the 
former  marriage  (1077:  2). 

11.  Public  Decency  (publica  honestas),  arising  from 
an  invalid  marriage  or  from  public  or  notorious  con- 
cubinage, invalidates  marriage  with  blood  relatives  of 
the  other  party  to  the  second  degree  of  direct  relation- 
ship, inclusive  (1078;  see  also  2197). 

12.  Spiritual  Relationship  (cognatio  spiritualis) 
originating  in  Baptism,  whereby  marriage  is  nullified 
between  the  person  baptizing  and  the  one  baptized  by 
him,  and  likewise  between  either  of  the  godparents  and 
the  godchild  (1079).  For  conditions  establishing  this 
relationship  in  the  latter  case  see  Canons  762 :  2 ; 
763:2;  765. 

13.  Legal  Relationship  (cognatio  legalis)  arising 
from  adoption,  is  a  diriment  impediment  when  it  is 
considered  such  by  the  law  of  the  land  (1080). 

Defects  in  Matrimonial  Consent  which  have  the 
effect  of  diriment  impediments,  are  the  following  four: 

1.  Ignorance  of  the  nature  of  marriage  as  the  per- 
manent community  of  life  between  a  man  and  a  woman 
for  the  procreation  of  children  (1082:  1).     The  law 


82  MARRIAGE 

does  not  presume  such  ignorance  after  the  age  of 
puberty  (1082:2). 

Ignorance,  however,  of  the  unity,  indissolubility,  or 
sacramental  character  of  marriage  does  not  affect  the 
validity  (1084),  unless  it  should  be  included  as  a 
formal  condition  in  the  marriage  contract  (1092). 

2.  Error  regarding  the  other  contracting  party  in- 
validates the  marriage  consent  (a)  when  it  is  a  case 
of  mistaken  identity  {error  circa  personam)  ;  (b)  when 
the  mistake  is  in  regard  to  such  a  quality  of  the  person 
as  to  be  practically  a  mistake  in  identity  (as,  being 
a  first-born:  error  circa  qualitatem  personae  redundans 
in  err  or  em  personae)  ;  (c)  when  a  freeman  by  mistake 
considers  the  other  party  free  when  the  latter  is  in 
fact  a  slave  (1083:  2,  2°). 

3.  Coercion  or  fear  externally  and  unjustly  brought 
to  bear  upon  a  person  for  the  purpose  of  necessitating 
marriage  (1087:  1). 

4.  A  Condition  attached  to  the  marriage  contract  it- 
self, invalidates  it,  (a)  if  it  is  a  "conditio  de  futuro 
contra  matrimonii  substantiam"  (1092:2°);  that  is, 
when  it  excludes  an  essential  ingredient  of  marriage, 
such  as  unity,  sacramentality,  indissolubility,  right  to 


MARRIAGE  83 

conjugal  intercourse  (1086:  2)  ;  (&)  any  condition  of 
the  past  or  present  which  has  not  been  fulfilled 
(1092:  4°  )'• 

If  a  morally  allowable  condition  "de  futuro"  is  attached, 
the  realization  of  marriage  is  put  off  until  said  condition 
has  been  fulfilled  (1092:3°).  An  immoral,  or  impossible,  or 
necessarily  happening  condition  "de  futuro"  is  in  law  con- 
sidered as  not  attached,  except  it  should  be  against  the  very 
nature  of  marriage  (1092:1°). 

Prescribed  Form  of  Contracting  Marriage 

Ordinarily,  in  order  to  be  valid,  marriage  has  to  be 
contracted  before  the  pastor  or  the  local  Ordinary  or 
a  priest  properly  delegated  by  either  of  these  two,  and 
at  least  two  other  witnesses  (1094). 

In  this  matter  all  the  priests  enumerated  on  p.  5  are 
considered  as  pastors,  except  the  Rectors  of  clerical  semi- 
naries (1368)  and  Religious  Superiors. 

Delegation  in  this  matter  must  be  express,  given  to  a 
definite  priest,  and  for  a  definite  marriage:  otherwise  it  is 
invalid.  A  general  delegation  for  "occurring  cases"  can  be 
validly  granted  only  to  ordinary  assistant  vicars  (vicarii 
cooperatores)  for  the  parish  in  which  they  are  appointed 
(1096:1).  The  substitute  vicar  (vicarius  substitutus) ,  who  is 
to  be  appointed  whenever  the  pastor  is  about  to  be  absent  over 


84  MARRIAGE 

seven  days,  has  of  course  ordinary  and  not  delegated  power 
in  this  matter  (465:4;  476).  The  delegating  Ordinary  or 
pastor  can  empower  his  own  delegate  also  to  subdelegate  his 
authoritative  assistance  at  a  marriage  (199:3-5). 

It  is  to  be  noted  that  authoritative  assistance  at  marriage 
on  the  part  of  the  Ordinary  or  pastor  or  their  delegates  is 
valid  only  within  their  respective  territories.  Outside  of 
these  they  cannot  assist  validly  at  the  marriages  even  of 
their  own  subjects,  unless  properly  delegated.  Within  their 
own  territory,  however,  their  assistance  is  valid  even  for  non- 
subjects,  strangers  (1095:2).  Personal  pastors,  like  court, 
family,  and  military  chaplains,  can  validly  and  licitly  assist 
at  the  marriages  of  their  own  subjects  anywhere  (S.  Congr. 
Council,  Feb.  1,  1908,  ad  VII). 

For  the  licitness  of  assistance  at  the  marriage  of  non- 
subjects,  the  permission  of  pastor  or  Ordinary  of  the  persons 
to  be  married,  preferably  the  bride's,  is  required  (1097:1,  2). 

Extraordinarily,  marriage  may  be  validly  and  licitly 
contracted  in  the  presence  of  two  witnesses,  without 
the  assistance  of  pastor,  Ordinary,  or  their  delegate, 
in  the  following  two  cases  ( 1098) : 

1.  In  danger  of  death,  when  it  is  impossible  to  call 
or  approach  the  Ordinary  or  pastor  or  a  priest  properly 
delegated  without  serious  inconvenience. 

2.  At  other  times,  whenever  the  same  moral  impos- 
sibility is  foreseen  to  last  a  month. 


MARRIAGE  85 

In  both  these  cases,  should  a  simple  priest  be  available,  he 
should  be  called  in  to  assist  at  the  marriage  with  the  other 
two  witnesses,  although  this  is  not  required  for  validity 
(1098:2).  Under  certain  circumstances  he  has  faculties  for 
dispensations  that  may  be  useful  or  necessary  (see  pp.  87-89 
below). 

The  canonically  prescribed  form  for  contracting  marriage 
must  be  followed  by  all  persons  baptized  in  the  Catholic 
Church,  or  converted  thereto  from  heresy  or  schism  (even 
if  they  have  later  on  apostatized)  when  they  contract  mar- 
riage either  among  themselves  or  with  baptized  or  unbap- 
tized  non-Catholics  (in  the  latter  case  even  after  having 
obtained  dispensations  mixtae  religionis  or  disparitatis  cul- 
tus)  ;  and  by  members  of  Oriental  rites  2  whenever  they  con- 
tract with  a  person  of  the  Latin  rite  (1099:1).  The  follow- 
ing are  not  bound  to  the  canonical  form  unless  they  wish 
to  contract  with  a  Catholic:  baptized  or  unbaptized  non- 
Catholics;  children  of  non-Catholic  parents,  even  when  they 
have  been  baptized  in  the  Catholic  Church,  if  from  child- 
hood (before  the  age  of  seven)  they  have  been  brought 
up  in  heresy  or  schism  or  infidelity  or  without  any  religion 
at  all  (1099:2). 


*  Oriental  rite  Catholics,  according  to  Canon  1,  do  not  of  them- 
selves fall  under  the  prescriptions  of  the  Code. 


86  MARRIAGE 


Dispensation  Faculties  for  Matrimonial  Impedi- 
ments and  the  Prescribed  Form 

In  danger  of  death  (urgente  mortis  periculo)  of 
either  party  to  be  married,3  for  the  purpose  of  quieting 
conscience  *  and,  where  required,  for  the  legitimization 
of  offspring,  the  following  persons,  by  grant  of  the 
law  itself,  have  special  dispensation  faculties  ( 1043 ) : 
(1)  the  local  Ordinary;  and,  if  the  former  can  not 
be  communicated  with  personally  or  by  mail  (telephone 
and  telegraph  are  not  obligatory),  the  pastor  for  his 
own  subjects  anywhere,  and  for  all  within  his  ter- 
ritory; (2)  the  priest  summoned  to  assist  with  the  two 
witnesses  at  a  marriage  contracted  in  the  extraordinary 
form;  (3)  the  confessor  "pro  foro  interno"  and  "in 
actu  sacramentalis  confessionis  tantum"  and  only  in 
cases  when  he  can  not  communicate  with  the  Ordinary, 
as  mentioned  above. 


*  It  is  immaterial  whether  the  person  dying  or  the  other  party 
is  the  one  in  need  of  dispensation. 

4  This  is  the  "iusta  et  rationabilis  causa"  required  by  these 
cases  for  validity,  (84:1). 


MARRIAGE  87 

The  faculties  granted  in  this  case  extend  to  the 
following  dispensations: 

(1)  From  the  prescribed  canonical  form  of  mar- 
riage. 

(2)  From  all  impeding  or  diriment  purely  ecclesias- 
tical impediments,  with  the  exception  of  priesthood  and 
affinity  in  direct  line  arising  from  an  already  consum- 
mated marriage  (1043). 

Of  course,  impediments  not  purely  ecclesiastical  are  of 
their  own  nature  indispensable:  such  are  the  impediments 
which  certainly  or  at  least  possibly  are  founded  upon  natural 
law,  as  sexual  impotence  (1068:1),  consanguinity  in  the 
direct  and  in  the  first  degree  of  the  side  line,  and  the  vari- 
ous defects  of  marital  consent  enumerated  on  pp.  81,  82,  like- 
wise the  impediment  of  previous  marriage  persisting,  which 
is  of  divine  positive  law. 

With  such  dispensations  is  included  the  legitimization  of 
any  offspring  of  the  couple,  unless  it  be  of  adulterous  or 
sacrilegious  origin  (1051). 

Requirements  for  such  dispensations  are:  (a)  the  preven- 
tion of  scandal  (especially  in  the  case  of  conjugicide,  of 
solemn  profession,  of  diaconate  or  subdiaconate)  ;  (&)  the 
provision  of  the  prescribed  guarantees  (cautiones)  in  im- 
pediments mixtae  religionis  and  disparitatis  cultus  (lack  of 
these  would  make  the  dispensation  invalid)  ;  (c)  the  dis- 
pensing pastor  or  priest  must  immediately  communicate  the 


88  MARRIAGE 

dispensation  granted  pro  foro  externa  to  the  Ordinary,  and 
likewise  make  note  of  the  dispensation  in  the  matrimonial 
register  (1046). 

Outside  the  danger  of  death  special  dispensation 
faculties  are  granted  by  the  Church  in  the  following 
two  cases  of  occult  impediments  only: 

1.  In  the  Casus  Per  plexus,  when  an  impediment  is 
discovered  only  when  everything  is  already  arranged 
for  the  marriage,  and  the  wedding  can  not,  without 
serious  danger  of  grave  evil,  such  as  scandal  or  injury 
to  good  name,  be  put  off  until  a  dispensation  can  be 
requested  from  the  Holy  See. 

2.  In  the  case  of  validation  of  a  marriage  previously 
contracted  invalidly,  under  the  same  conditions  as 
above  (1045:  1,2).  The  danger  of  sinful  intercourse 
in  such  cases  is  to  be  taken  into  consideration. 

These  faculties  extend  to  all  the  impediments  cov- 
ered by  faculties  granted  in  danger  of  death  (see 
above),  but  not  to  lack  of  canonical  form — nor  to  any 
impediments  that  are  not  occult  (1045: 1,  3). 

Requirements  are  the  same  as  in  case  of  death.  Bearers 
of  these  faculties  (besides  the  local  Ordinary)  are,  first  of 
all,  pastors,  on  condition  that  it  is  either  morally  impossible 


MARRIAGE  89 

to  communicate  with  the  Ordinary,  or  that  they  can  not  do 
so  without  violating  the  secret  confided;  secondly,  the  priest 
called  in  when  the  marriage  contract  is  made  in  the  extra- 
ordinary form;  lastly,  pro  foro  inter  no,  the  confessor  "in  actu 
sacramentalis  confessionis,"  when  he  too  either  can  not  com- 
municate with  the  Ordinary  at  all,  or  can  do  so  only  with 
danger  of  violation  of  the  seal  of  confession. 

For  all  other  cases  of  matrimonial  dispensations 
there  is  need  of  special  delegation  from  the  Holy  See 
or  the  Ordinary  (1040).  The  latter  is  empowered  by 
law  to  dispense  in  cases  of  non-reserved  vows  pro- 
hibiting marriage  (1309;  13 13)  ;  concerning  the  t em- 
pus  clausum  (1108:  3)  ;  and  with  matrimonial  impedi- 
ments whost  fact  is  doubtful,  in  so  far  as  the  Holy  See 
itself  usually  dispenses  (15). 

In  granting  or  executing  matrimonial  dispensations, 
Canons  1047-1057  should  be  noted.  Other  details  on  the 
licit  and  valid  assistance  of  Ordinary  or  pastor  or  properly 
authorized  delegate  will  be  found  in  Canons  1095-1097. 


FOURTH  PART 

Faculties  for  Dispensation  Regarding 
Irregularities 

Irregularities  are  impediments  to  the  reception  of 
the  tonsure  and  of  Orders,  and  to  the  exercise  of 
Orders  already  received.  These  have  their  origin  in 
some  defect  or  crime,  and  are  established  by  the  Church 
to  preserve  the  dignity  of  the  clerical  state.  Irregulari- 
ties ex  delicto  have  also  a  punitive  aspect  (983). 

Irregularities  have  a  practical  bearing  only  for  major 
Orders,  as  at  present  the  minor  Orders  may  also  be  exercised 
by  laymen.  They  forbid,  but  never  invalidate  the  reception 
of  Orders. 

They  are  not  to  be  confused  with  impedimenta  temporaria 
by  which  the  following  persons  are  excluded  from  ordination : 
(1)  sons  of  non-Catholic  parents,  or  of  mixed  marriages, 
so  long  as  the  non-Catholic  parties  or  party  persist  in  their 
error  (Commission  for  Interpret,  of  the  Code,  Oct.  16,  1919, 
ad  XIII);  (2)  married  men;  (3)  men  holding  an  office  or 
carrying  on  a  business  forbidden  to  clerics  (139:3)  of  which 

90 


IRREGULARITIES  91 

they  have  to  give  an  account,  until  they  have  resigned  office 
or  business  and  closed  their  responsible  accounts;  slaves, 
before  they  have  been  freed;  (5)  men  liable  to  ordinary 
military  service  by  State  law,  until  they  have  fulfilled  their 
service;  (6)  converts,  until,  in  the  Ordinary's  judgment, 
they  have  been  sufficiently  tried;  (7)  those  under  infamia 
facti  (2293:3),  until  their  character,  in  the  Ordinary's  judg- 
ment, is  cleared  (987). 

Regarding  irregularities  ex  defectu  the  law  grants 
no  faculties  of  dispensation.  These  irregularities  are 
listed  in  Canon  984. 

The  following  persons  are  considered  irregular  ex 
delicto  (985): 

1.  Apostates,  heretics,  and  schismatics. 

2.  Such  as  have  allowed  themselves  to  be  baptized 
by  non-Catholics,  except  when  this  was  done  under 
stress  of  extreme  necessity. 

3.  Such  as  have  attempted  ecclesiastically  or  civilly 
to  contract  marriage,  whilst  they  or  their  female  asso- 
ciates were  impeded  by  the  impedimentum  ligaminis, 
ordinis  sacri,  or  professionis  religiosae.  Simple  and 
temporary  profession  is  included  in  the  last. 

4.  Such  as  have  committed,  or  cooperated  toward, 
murder,  manslaughter,  or  abortion,  effectu  sequuto. 


92  IRREGULARITIES 

5.  Such  as  have  mutilated  themselves  or  others,  or 
have  attempted  suicide. 

6.  Clerics  who  have  practiced  medicine  or  surgery 
contrary  to  Canon  Law,  when  death  of  the  patient  has 
followed  therefrom  (139:2). 

7.  Such  as  exercise  an  act  of  Orders  reserved  to 
clerics  of  major  Orders,  when  they  themselves  have 
not  yet  received  such  Orders,  or  are  prohibited  from 
exercising  such  Orders  by  excommunication,  suspen- 
sion, personal  or  local  interdict,  or  vindictive  punish- 
ment. 

To  bring  about  irregularity,  any  of  the  above  mentioned 
delicto  must  be  objectively  and  subjectively  mortally  sinful, 
externally  recognizable  (even  if  occult),  and  committed  after 
Baptism  (with  exception  of  No.  2).  Ignorance  of  irregu- 
larities or  of  the  impedimenta  temporaria  previously  enum- 
erated, does  not  excuse  from  their  incurrence  (988). 

Irregularity  ex  delicto  may  be  compounded  by  the  com- 
mission of  specifically  distinct  delicta,  or  by  repetition  of 
murder  or  manslaughter  (989). 


IRREGULARITIES  93 

Dispensation  Faculties  for  Irregularities 
"Ex  Delicto" 

In  Casibus  Urgentioribus,  when  the  Ordinary  can  not 
be  communicated  with  and  there  is  danger  of  serious 
damage  or  injury  to  one's  good  name,  every  confessor 
can  dispense  clerics  of  major  Orders  from  any  irregu- 
larity ex  delicto  occulto,  except  those  arising  from 
murder  or  manslaughter,  or  abortion  and  cooperation 
therein,  and  except  where  the  irregularity  has  already 
been  brought  into  the  ecclesiastical  courts.  The  dis- 
pensation, moreover,  can  permit  only  the  exercise  of 
Orders  already  received  (990:  1,2). 

Confessors  belonging  to  Regular  Orders  in  the 
strict  sense,  from  ancient  privilege  (Sixtus  IV  and 
Julius  II;  see  Canon  4)  have  in  regard  to  irregularities 
ex  delicto  occulto  the  same  faculties  as  local  Ordinaries 
in  regard  to  secular  clerics  and  lay  persons  (990:  1), 
even  outside  of  urgent  cases,  and  also  for  the  purpose 
of  receiving  Orders. 

Further  faculties  may  be  obtained  in  public  cases,  by 
petition  to  the  S.  Congr.  for  Sacraments  (249:2).    But  for 


94  IRREGULARITIES 

members  of  religious  organizations,  the  S.  Congr.  of  Re- 
ligious is  to  be  applied  to  (251:3).  For  irregularities  ex 
delicto  of  secular  priests  (not  seculars  of  lower  Orders,  or 
none)  the  S.  Congr.  of  the  Council  should  be  consulted 
(250:1;  S.  Consist.  Congr.  Feb.  27,  1909,  and  Nov.  28,  1911). 
Pro  foro  interno  the  S.  Penitentiary  is  competent. 

If  recourse  to  Rome  is  difficult  and  there  is  danger  of 
grave  injury  from  delay,  the  local  Ordinary  is  empowered 
to  dispose  of  all  irregularities  (81). 

In  granting  or  executing  a  dispensation  based  upon  a  re- 
script, the  stipulations  of  the  Code  in  regard  to  rescripts 
are  to  be  observed  (36-62).  There  is  no  special  form  pre- 
scribed for  dispensing.  The  following  may  be  used:  "Dis- 
penso  tecum  in  irregularitate  quam  ob  (Jtaeresim,  illicitum 
ordinis  exercitium,  etc.)  incurristi,  in  nomine  Patris  et  Filii 
et  Spiritus  Sancti.    Amen." 


FIFTH  PART 

Faculties  for  Dispensation  Regarding  Vindictive 
Penalties 

A  vindictive  penalty  is  an  ecclesiastical  punishment 
inflicted  by  law  or  by  an  ecclesiastical  judge  for  the 
purpose  of  atoning  for  some  offense  (2286).  Its  pur- 
pose distinguishes  it  from  the  poena  medecinalis  or 
censure,  which  is  imposed  for  the  betterment  of  the 
guilty  person. 

As  with  censures,  vindictive  punishments  are  divided 
into: 

1.  Those  which  are  latae  sententiae  and  those  which 
are  ferendae  sententiae  (2217:  1,  20). 

2.  Those  which  are  a  iure  and  those  which  are  ab 
homine  (2217:  1,  30). 

3.  Those  which  may  apply  to  all  the  faithful  (2291 ), 
and  those  which  apply  peculiarly  to  clerics  (2298). 

95 


96  VINDICTIVE  PENALTIES 

Vindictive  penalties  latae  sententiae  are  the  only- 
ones  to  be  considered  here.  In  order  that  these  be 
actually  incurred,  the  offense  must  be  (a)  external 
(2195:1);  (b)  mortally  sinful  (2218:2);  and  (c) 
complete  in  the  species  determined  by  law  (2228). 
Moreover,  the  guilty  person  must  have  reached  the 
age  of  puberty  (2230). 

Subjective  Reasons  Excusing  from  Incurrence 
of  Vindictive  Penalties  "Latae  Sententiae" 

Under  no  circumstances  does  intentional  ignorance 
of  either  the  law  or  the  penalty  excuse  (2229:  1). 

If  the  letter  of  the  law  demands  full  understanding 
and  deliberation  (as  by  the  phrases  "praesumpserit, 
ausus  fuerit,  scienter  egerit"),  then  any  factor  dimin- 
ishing responsibility  (2001-2006),  such  as  ignorance, 
carelessness,  misunderstanding,  fear,  etc.,  is  sufficient 
excuse  (2229:  2). 

When  full  understanding  and  deliberation  are  not 
stipulated,  the  divers  factors  diminishing  responsibility 
excuse  only  when  their  influence  makes  the  offense 
venially  sinful  (2229:  3),  i°,  20).  Grave  fear  excuses 


VINDICTIVE  PENALTIES  97 

only  when  it  does  not  lead  to  contempt  of  faith  or 

ecclesiastical   authority   or   scandal    of    the  faithful 
(2229:  3,  30). 


Important  Vindictive  Penalties  "Latae 
Sententiae" 

Infamia  vuris  is  the  official  loss  of  character  or  good 
name,  disgrace  (felony),  which  a  person  incurs  ipso 
facto  by  the  commission  of  certain  crimes,  or  which 
is  decreed  by  an  ecclesiastical  judge  (2314:1; 
2359:  2).  It  has  the  following  effects:  it  makes  one 
irregular  (984:  5) ;  it  makes  one  incapable  of  (a) 
acquiring  ecclesiastical  benefices,  dignities,  offices,  in- 
come; (b)  of  performing  actus  legitimi  ecclesiastici 
(see  below)  ;  (c)  exercising  any  ecclesiastical  right  or 
authority;  (d)  ministering  at  ecclesiastical  services 
(2294: 1). 

Infamia  iuris  is  incurred  by: 

1.  Apostates,  heretics,  schismatics  who  join  a  non- 
Catholic  religious  organization,  or  simply  belong  to  it 
without  formal  incorporation  (2314:  1-3). 


98  VINDICTIVE   PENALTIES 

2.  Persons  who  sacrilegiously  dishonor  consecrated 
species  (2320). 

3.  Ghouls,  who  violate  the  bodies  or  graves  of  the 
dead  (2328)  to  steal,  or  for  other  nefarious  purposes. 

4.  Persons  laying  violent  hand  upon  the  person  of 
the  Pope,  a  Cardinal,  or  a  Papal  Legate  (2343:  1,2). 

5.  The  principals  and  seconds  in  a  duel  (2351:  2). 

6.  Bigamists ;  that  is,  such  as  attempt  to  marry,  even 
civilly,  whilst  still  bound  by  the  marriage  tie  (bigamia 
simultanea;  2356). 

7.  Lay  persons  who  have  been  legitimately  convicted 
in  civil  court  of  immoral  actions  with  persons  below 
the  age  of  sixteen,  or  of  rape,  sodomy,  incest,  or 
pandering  (2357). 

Exclusion  from  actus  legitimi  ecclesiastici  bars  a 
person  from  such  acts  as:  administering  ecclesiastical 
goods,  functioning  as  official  in  ecclesiastical  courts, 
being  godparent  or  sponsor  at  Baptism  or  Confirma- 
tion (765:  2;  766:  2;  795:  2;  796:  3),  exercising  the 
right  of  active  vote,  or  of  patronage  (2256:  2). 

This  penalty  affects  ipso  facto: 

1.  All  excommunicated  persons  (2263). 

2.  All   canonically  disgraced   persons  (infantes;   2294:1). 


VINDICTIVE  PENALTIES  99 

3.  Those  who  abduct  an  adult  woman  against  her  will  by 
violence  or  trickery,  or  a  girl  minor  even  with  her  agreement 
but  without  the  consent  of  her  parents  or  guardian,  in  either 
case  for  the  purpose  of  marriage  or  of  immoral  use  (2353). 

4.  Lay  persons  who  have  been  legitimately  convicted  by 
a  civil  court  of  murder,  seduction  of  children  under  the  age 
of  puberty,  selling  persons  into  slavery,  or  for  any  other 
evil  purpose,  usury,  robbery,  stealing  (qualified),  arson, 
gravely  malicious  destruction  of  property,  serious  mutilation, 
wounding,  or  violence  (2354:1). 

5.  Catholics  who  enter  any  kind  of  mixed  marriage, 
whether  valid  or  not,  without  the  proper  dispensation  (2375). 

6.  Professed  of  perpetual  vows  who  are  guilty  of  apostasy 
from  their  religious  organization  (2385). 

Other  vindictive  penalties  "latae  sententiae"  are  the  fol- 
lowing : 

The  interdict  of  Canon  2338:3  (see  also  p.  45). 

Various  suspensions  of  Canons  2387;  2410;  2370;  2373 
(see  also  pp.  45"47)- 

Loss  of  faculty  to  administer  Confirmation,  for  priests, 
who  exceed  their  papal  privilege  (2365). 

Loss  of  privileges  of  his  or  her  religious  organization, 
as  well  as  loss  of  active  and  passive  vote,  for  the  apostate 
Religious   (2385). 

Loss  of  office  held  in  religion,  for  the  fugitive  Religious 
(2386). 

Loss  of  vote  and  incapability  of  election  to  ecclesiastical 
office,  for  various  grounds  (2390:2;  2398). 


ioo  VINDICTIVE  PENALTIES 

Loss  of  office  held  in  the  Church,  for  lay  persons  men- 
tioned in  No.  4  above  (2354:1). 

Exclusion  from  the  sacramentals,  for  Catholics  entering 
mixed  marriage  without  proper  dispensation  (2375). 


Faculties  of  Confessors  Regarding  Vindictive 
Penalties 

In  urgent  occult  cases  every  approved  confessor  has 
special  faculties  of  suspending  or  dispensing  vindictive 
penalties  latae  sententiae.  These  can  be  applied  only 
when  the  person  who  has  incurred  the  penalty,  by  its 
observance  would  betray  himself,  to  the  injury  of  his 
good  name  and  to  the  scandal  of  others  (2290:  1). 

In  such  a  case  the  confessor  "in  actu  sacramentalis 
confessionis"  is  empowered  to  suspend  the  obligation 
of  observing  the  penalty  incurred,  at  the  same  time 
binding  the  penitent  to  have  recourse  within  a  month  to 
the  Sacred  Penitentiary,  if  it  can  be  done  without  in- 
jury, or  to  the  properly  authorized  Bishop,  to  receive 
and  acquiesce  in  the  mandata. 

This  recourse  is  to  be  made  by  the  penitent  either  person- 
ally or  in  writing,  or  through  the  intermediation  of  the  con- 


VINDICTIVE  PENALTIES  101 

fessor,  who  then  has  to  keep  confidential  the  name  of  the 
penitent. 

If  the  above  mentioned  recourse  is,  in  an  extraor- 
dinary case,  practically  impossible  (possible  only  with 
danger  of  injury  to  character),  then  the  confessor 
himself  can  dispense  the  penitent  from  the  penalty 
incurred,  without  obliging  him  to  recourse  (2290:  2). 

At  the  same  time  the  confessor  has  to  oblige  the 
penitent  to  perform  a  proportionate  penance  within  a 
definite  time,  and  to  make  satisfaction  for  any  injury 
done.  If  the  penitent  omits  to  do  this,  he  reincurs  the 
previous  penalty  (2290:  2;  2254:  3). 


/ 


APPENDIX 
Forms  for  Petitions  of  Faculties  or  for  Recourse 

I.  Petition  Regarding  Diocesan  Reserved  Case. 

Reverendissime  Vicariates  Generalis: 

Inf rascripto  confessario  a  Reverendissimo  Ordinario 
approbato  occurrit  casus  in  hac  dioecesi  reservatus, 
scil 

Cum  expedire  videatur,  ut  poenitens  ceteroquin  rite 
dispositus  ad  me  redeat,  humiliter  supplico,  ut  mihi  a 
Reverendissimo  Vicariatu  Generali  facultas  conceda- 
tur,  pro  hac  vice  a  praedicto  casu  reservato  absolvendi. 

Omni  qua  par  est  reverentia  subscribit 

N.  N. 

This  is  to  be  addressed  to  the  Bishop,  Vicar  General, 
or  Diocesan  Chancery. 

II.  Petition  Regarding   Censure  Reserved   to   the 

Ordinary. 

103 


io4  PETITIONS 

Reverendissime  Vicariates  Generalis: 

Titia  contraxit  excommunicationem  Ordinario  re- 
servatam  (procurando  scil.  cum  effectu  abortum  .  .  .). 
Nunc  vero  huius  delicti  sincere  poenitens  humiliter 
petit  absolutionem. 

Quapropter  Rev.mus  Vicariatus  Generalis  absol- 
vendi  ab  hac  censura  facultatem  mihi  pro  ista  vice  im- 
pertiri  dignetur. 

This  is  to  be  addressed  to  the  Bishop,  Vicar  General, 
or  Diocesan  Chancery. 

III.  Recourse  to  the  Sacred  Penitentiary. 

Eminentissime  et  Reverendissime  Domine: 

Titius  contraxit  censuram  speciali  (simplici)  modo 
Romano  Pontifici  reservatam  propter  (lectionem  libro- 
rum  prohibitorum  .  .  .  patratum  duellum).  Cum  ipse 
nee  ad  confessarium  privilegiatum  accedere  nee  sine 
absolutione  dimitti  posset  et  ceteroquin  rite  dispositus 
videretur,  absolutionem  recepit.  Nunc  vero  ad  obedien- 
dum  ecclesiae  praescriptis  per  me  infrascriptum  con- 
fessarium ad  S.  Sedem  recurrit  ad  accipienda  mandata, 
paratus  implere  poenitentiam  quam  in  poenam  delicti 
Eminentia  Vestra  praescribet. 


PETITIONS  105 

Dignetur  Eminentia  Vestra  responsum  ad  me  in- 
frascriptum  confessarium  {perhaps:  mediante  agente 
curiae  episcopalis  N.  N.  .  .  .  in  urbe)  dirigere. 

S.  Purpuram  reverenter  deosculans,  summa  qua  par 
est  devotione  permaneo 

Eminentiae  Vestrae  humillimus  et  obsequentissimus 
Eminentissimo  Principi, 


Card.  Poenitentiario  Maiori.  {Signature) 

If  the  censure  reserved  to  the  Pope  simplici  mo  do 
is  occult,  it  is  sufficient  to  make  the  recourse  to  the 
Ordinary  (2237:  2).  The  address  of  the  S.  Peniten- 
tiary Tribunal  is:  "A  Sua  Eminenza  Ill.ma  e  Rev. ma, 
II  Sig.  Catdinale  Penitenziorio  Maggiore,  Palazzo  del 
Sant'  Ufficio,  Rome,  Italy." 

IV.  Petition  for  the  Reconciliation  of  a  Heretic 
{Convert). 

Reverendissime  Vicariatus  Generalis: 

N.  N.  viginti  annos  natus,  oriundus  ex  N.,  hactenus 
sectam  (Calvinianam)  professus,  ad  me,  parochum  loci 
N.,  accessit,  enixe  postulans,  ut  in  ecclesiam  Romano- 


106  PETITIONS 

Catholicam  recipiatur;  ipsum  instruxi  (vel  instruen- 
dum  curavi)  in  principiis,  mysteriis,  et  obligationibus 
religionis  Catholicae,  videturque  ille  ex  vero  salutis 
desiderio  velle  sectam  haereticam  deserere.  Factis  in- 
quisitionibus  circa  eius  Baptismum  nihil  aliud  com- 
perire  potui,  quam  quod  .  .  .  (exprimatur  hie,  quid 
compertum  fuerit) ;  quare  dignetur  Reverendissimus 
Vicariatus  Generalis  praescribere,  quid  circa  eius  Bap- 
tismum sit  agendum,  meque  deputare  ad  fidei  profes- 
sionem  ab  eo  recipiendam,  et  absolutionem  a  censura 
propter  haeresim  contracta  eidem  impertiendam. 

Omni  qua  par  est  reverentia  subscribit 

N.  N. 

This  is  to  be  addressed  to  the  Bishop,  Vicar  General, 
or  Diocesan  Chancery.  In  the  United  States  confessors 
are  generally  empowered  to  receive  converts  into  the 
Church ;  each  should  in  this  matter  consult  his  diocesan 
pagella. 

V.  Petition  for  Dispensation  from  Eucharistic  Fast. 

Eminentissime  et  Reverendissime  Domine: 

N.    N.,    Dioecesis    N.,    tanta    corporis    debilitate 
tantoque  stomachi  languore  premitur,  ut  eidem  mor- 


PETITIONS  107 

aliter  impossibile  evadat  observare  ieiunium  naturale 
praescriptum  ad  S.  Communionem  recipiendam.  Hinc 
humilis  Orator  a  Sanctitate  Vestra  supplici  genu  pos- 
tulate quatenus  ipsi  concedere  dignetur  facultatem 
sumendi  aliquid  per  modum  potus,  antequam  ad  sac- 
ram  synaxim  recipiendam  accedat. 
Dignetur  Eminentia  Vestra,  etc. 

The  address  for  the  S.  Congr.  of  Sacraments  is:  "A 
Sua  Eminenza  Ill.ma  e  Rev.ma,  II  Card.  Prefetto 
della  S.  Cong,  dei  Sacramenti,  Palazzo  delta  Cancel- 
leria  Apostolica,  Rome,  Italy." 

VI.  Petition  for  Dispensation  from  Irregularity  "ex 
delicto." 

Reverendissime  Vicariatus  Generalis: 

N.  N.,  clericus  ordinum  minorum  ex  hac  di- 
oecesi,  irregularitatem  ex  delicto  (haeresis,  illicit! 
exercitii  ordinis  sacri  etc.  .  .  .  )  contraxit.  Nunc  vere 
poenitens  (si  casus  fert:  et  a  vinculo  excommunica- 
tionis  solutus)  ad  sacros  ordines  ascendere  desiderat. 

Quapropter  infrascriptus  sacerdos  (parochus,  con- 
fessarius)    enixe    rogat,    ut    sibi    a    Reverendissimo 


108  PETITIONS 

Vicariatu  Generali   facultas  concedatur,  supradictum 

clericum  ad  normam  Can.  990  §  1  CJC  ab  irregularitate 

contracta  dispensandi,  ita  ut  sacros  ordines  licite  sus- 

cipere  valeat. 

Omni  qua  par  est  reverentia  subscribit 

N.  N. 


Formula  of  Faculties 
Generally  Granted  Bishops  of  America 

(From  Document  of  S.  Consistorial  Congr., 
March  ifth,  1922.) 

These  are  faculties  beyond  the  ordinary  powers  local 
Ordinaries  have  according  to  the  Code.  They  are  to  be 
requested  from  the  respective  Congregations  at  the  time  the 
bishop  makes  his  quinquennial  report  to  the  Holy  See,  and 
last  until  the  next  report  is  made.  Pastors  and  confessors 
will  do  well  to  acquaint  themselves  with  the  powers  their 
Ordinaries  have  at  disposal  (some  of  which  may  be  sub- 
delegated),  particularly  in  the  matters  of  absolution  and 
dispensation. 

Included  in  the  faculties  of  the  Holy  Office  are 
power:  (1)  to  grant  permission  to  clerics  and  laymen 
ad  tempus  to  read  forbidden  books;  (2)  to  grant  dis- 
pensations from  mixed  marriages  and  disparity  of  cult. 

Included  in  the  faculties  of  the  S.  Congregation  of 
Sacraments  are  power:  (1)  to  grant  dispensations 
from  minor  impediments  of  marriage  enumerated  in 
Canon  1042,  and  from  simple  vow  of  virginity  and 
chastity,  mentioned  in  Canon  1058;  (2)  in  urgent 
cases,  which  allow  no  delay  and  appeal  to  the  Holy 
See,  to  grant  a  dispensation  from  consanguinity  in  the 
second  or  third  degree,  mixed  with  the  first,  and  in  the 
second    collateral;    affinity    in    the    first    degree    of 

log 


no  FORMULA  OF  FACULTIES 

the  collateral  line,  equal  to  or  mixed  with  the  sec- 
ond; public  decency  in  the  first  degree,  provided  it  is 
certain  that  a  party  is  not  the  child  of  the  other  party 
to  a  marriage;  (3)  at  the  time  of  episcopal  visitation, 
or  at  the  time  of  missions  only,  power  to  dispense  those 
living  in  concubinage;  from  all  the  above-named  im- 
pediments to  marriage;  (4)  sanatio  in  radice  of  mar- 
riages for  reason  of  impediments  of  minor  degree. 

Among  the  faculties  granted  by  the  S.  Congregation 
of  the  Council  are:  (1)  power  to  reduce  the  perpetual 
foundation  of  Masses  when  the  income  has  decreased ; 
(3)  transfer  of  foundation  Masses  to  other  churches, 
and  also  outside  the  diocese;  (3)  private  anticipation 
of  Matins  and  Lauds  after  1  P.  M. ;  (4)  alienation  of 
ecclesiastical  goods  to  the  amount  of  $10,000. 

Among  the  faculties  granted  by  the  S.  Congregation 
of  Religious  are  power:  (1)  to  dispense  candidates 
intending  to  enter  religion  from  illegitimacy,  if  the 
constitutions  demand  dispensation  (the  dispensation 
does  not  extend  to  election  to  the  office  of  major 
superior) ;  (2)  to  allow  Religious  not  included  in 
Canon  821,  3,  to  have  three  Masses  in  their  churches 
at  midnight  on  Christmas  day;  (3)  to  dispense  candi- 
dates of  religious  communities  who  are  beyond  the  age 
limit  of  the  constitutions,  at  the  request  of  the  general 
or  provincial  superior  and  the  respective  councils,  pro- 
vided candidates  are  not  over  forty  years  of  age;  (4) 
to  dispense  with  the  age  for  ordination  to  priesthood, 
also  exempt  Religious  (the  number  of  months  is  left 
blank  in  the   formula) ;    (5)    to   dispense   nuns  and 


FORMULA  OF  FACULTIES  in 

Sisters  from  the  dowry,  in  whole  or  in  part;  (6)  to 
appoint  confessors  for  religious  women  for  a  fourth 
or  fifth  term  at  the  request  of  a  majority  of  the  com- 
munity; (7)  to  allow  Holy  Mass  on  Holy  Thursday; 
(8)  to  allow  nuns  with  solemn  vows  to  enter  that  part 
of  their  church  which  is  outside  the  enclosure  for  the 
purpose  of  cleaning  or  decorating  the  church  (all  lay 
people  must  be  outside  the  church  and  the  doors 
locked)  ;  (9)  to  allow  nuns  in  papal  enclosure  to  leave 
the  enclosure  for  an  urgent  operation. 

Included  in  the  faculties  of  the  S.  Congregation  of 
Rites  are  power:  (1)  to  delegate  priests  to  consecrate 
fixed  and  portable  altars  according  to  the  rite  of  the 
Pontificate  (they  should  be  priests  in  ecclesiastical  dig- 
nity, if  possible,  for  portable  altars  the  formula  of  the 
Roman  Ritual  may  be  used)  ;  (2)  to  delegate  priests 
to  reconsecrate  execrated  fixed  altars  and  also  portable 
altars  (the  short  form  may  be  used  in  the  cases  men- 
tioned in  Canon  1200,  2)  ;  (3)  to  delegate  priests  to 
consecrate  chalices  and  patens  (they  should  be  priests 
in  ecclesiastical  dignity,  if  possible) ;  (4)  to  allow 
priests  who  have  to  binate  on  Palm  Sunday  to  drop 
the  Passion  in  one  Mass;  (5)  to  delegate  priests  to 
bless  marriages  outside  of  Mass  with  prayers  from  the 
Nuptial  Mass;  (6)  to  delegate  priests  to  bless  and 
impose  the  five  scapulars  under  one  form;  (7)  to  dele- 
gate priests,  in  case  of  a  large  number  of  people,  to 
enroll  in  the  five  scapulars  without  the  duty  of  entering 
the  names  of  those  enrolled;  (8)  to  bless  the  holy  oils 
with  fewer  assistants  than  the  Pontificate  prescribes; 


ii2  FORMULA  OF  FACULTIES 

(9)  to  allow  the  use  of  incense  at  High  Mass  without 
sacred  ministers ;  (10)  to  allow  the  use  of  the  Memo- 
riale  Rituum  of  Pope  Benedict  XIII  for  Holy  Week 
and  for  blessing  ashes,  candles  and  palms  in  churches, 
public  and  semi-public  oratories;  (11)  to  bless,  at  the 
time  of  episcopal  visitation,  various  articles  requiring 
various  forms  with:  "Benedicat  haec  omnia  Deus 
Pater,  et  Filius,  et  Spiritus  Sanctus.  Amen" ;  (12)  to 
permit  a  bishop  to  say  a  Low  Mass  of  Requiem  in  his 
private  oratory  once  a  week. 

Under  the  faculties  from  the  S.  Penitentiary  are 
power:  (1)  to  absolve  from  heresy;  (2)  to  absolve 
from  the  censure  of  reading  forbidden  books;  (3)  to 
absolve  those  who  interfered  with  the  exercise  of 
ecclesiastical  jurisdiction  and  had  recourse  to  the  lay 
power;  (4)  to  absolve  those  who  fought  a  duel;  (5) 
to  absolve  Freemasons;  (6)  to  absolve  those  who  vio- 
lated the  enclosure  of  nuns,  except  when  done  for  a 
criminal  purpose;  (7)  to  dispense  post  matrimonium 
those  who  lost  the  right  to  ask  the  debitum  by  a  private 
vow  of  chastity;  (8)  to  dispense,  after  marriage  has 
been  attempted,  from  the  impediment  of  a  crime  sine 
machinatione  (renewal  of  consent  is  necessary,  but 
may  be  secret  when  marriage  is  considered  valid  in 
public)  ;  also  to  dispense  before  marriage  if  the  crime 
is  occult  and  sine  machinatione. 

(The  above  list  has  been  reprinted  from  the  Homiletic  and 
Pastoral  Review  (Joseph  F.  Wagner,  Inc.,  New  York)  of 
October,  1922,  through  the  courtesy  of  Rev.  Stanislaus 
Woywod,  O.  F.  M.) 


In  very  many  cases  of  difficulties  or  doubts  regarding 
dispensations  of  all  kinds,  or  faculties,  when  they  ex- 
ceed the  competence  of  the  Ordinary,  or  for  some 
reason  can  not  well  be  brought  to  his  attention,  it  is 
advisable  to  consult  the  Apostolic  Delegation  (1811 
Biltmore  St.,  Washington,  D.  C,  for  the  United 
States :  520  Driveway  West,  Ottawa,  Ont,  for  Canada: 
Calle  21,  no.  271,  Vedado,  Havana,  for  Cuba  and 
Porto  Rico),  which  acts  as  clearing  house  between  the 
Holy  See  and  the  respective  country.  The  Apostolic 
Delegate  has  broad  faculties  whose  extent  is  not  pub- 
lished. 


"3 


INDEX 


Abduction,  79. 
Abortion,  43. 
Absolutio  complicis,  13. 
Absolution,       form      of, 

from  censures,  49. 
— ,  in  urgent  cases,  50. 
Accusation,    false,    of    a 

priest,  21,  39. 

Affinity,  80. 

Anarchists,  40. 

Apostasy,  of  a  Religious, 

43- 
Apostates,  37,  91. 

Baptism,  78. 
Bigamists,  98. 
Books,  forbidden,  109. 
Burial,      ecclesiastical, 

forced,  44. 
— ,  — ,  of    heretics,     etc., 

45- 


Carbonari,  40. 
Censure,  21,  31. 
Censures,  28. 
— ,  absolution  of,  48. 
— ,  latae  sententiae,  33. 
— ,  multiplied,  35. 
Chaplains,  military,  6. 
Chastity,  vow  of,  69. 
Communion,  Easter,  65. 
— ,  fast  before,  66. 
— ,  of  sick  persons,  67. 
Commutation,  of  a  vow  or 

oath,  yT>- 
Confessarius     sollicitans, 

44. 
Confession,  Jubilee,  23. 
Confessional,  seal  of,  37. 
Confessions,    approbation 

for  hearing,  3. 


114 


INDEX 


n5 


Confessions,  of  religious 
subjects,  6,  8,  15. 

Consanguinity,  80. 

Consent,  matrimonial,  de- 
fects in,  81. 

— ,  parental,  lack  of,  J  J. 

Contract,  previous  matri- 
monial, 78. 

Cooperation,  in  sin,  32. 

Crime  (adultery),  79. 

Cult,  disparity  of,  78. 

Death,  danger  of,  mean- 
ing of  the  term,  13. 

Decency,  public,  81,  no. 

Dispensation,  from  a  vow 
or  oath,  71. 

Duelling,  41. 

Engagement,  yj. 
Excommunication,  30,  35, 

38,  40,  43- 
— ,  reserved  to  the  Pope, 

37- 


Exercise,     forbidden,    of 
functions,  45. 

Faculties,  American,  109. 

— ,  for    absolution    from 
censures,  50. 

— ,  for  dispensation,  from 

i  r  r  e  g  u  larities, 

90. 
— ,  — ,  from    matrimonial 

i  m  p  e  d  i  ments, 

86. 
— ,  — ,  regarding     vindic- 

t  i  v  e    penalties, 

100. 
— ,  o  f  t  h  e  Congregation 

of   the   Council, 

no. 
— ,  — ,  Holy  Office,  109. 
— ,  — ,  Religious  Rites, 

in. 
— ,  — ,  Sacraments,     109. 
— ,  — ,  S.  P  e  n  i  t  entiary, 

112. 


n6 


INDEX 


Fast,  cessation  of  on  Sun- 
day, 62. 

Fasting  and  abstinence, 
62. 

Fear,  grave,  34. 

Feasts,  patronal,  59. 

Forgery,  of  papal  writ- 
ings, 39. 

Freemasons,  40,  112. 

Heretics,  37,  97. 

Holy  days,  of  obligation, 

59- 

Ignorance,  33. 
Impediments,    minor,    to 

marriage,  109. 
Impotence,  sexual,  yy. 
Incest,  98. 
Indulgences,  trafficking  in, 

40. 
Infamia  juris,  97. 
Interdict,  30. 
— ,  personal,  45. 


Interdicts,  latae  senten- 
tial, 44. 

Irregularities,  90. 

Irritation,  of  a  vow  or 
oath,  70. 

Jurisdiction,       delegated, 
exercise  of,  II. 
— , — ,  f or  regulars,   15. 

— ,  cessation  of,  17. 

licit,  11. 

penitential,  bearers  of, 
4- 

— ,  conferring  of,  9. 
delegation  of,  7-12. 

— ,  exercise  of,  7. 

— ,  loss  of,  8. 

power  of,  3. 

subdelegated,  11. 

suppleted,  18. 

valid,  10. 

Marriage,  attempted,  by 
or  with  a  Religious, 
41,  43- 


INDEX 


117 


Marriage,  form  of,  83. 

— ,  mixed,  dispensation 
from,  109. 

Mass,  obligation  of  hear- 
ing, 59- 

Matrimonial  consent,  de- 
fects in,  81. 

—  contract,  previous,  78. 

Matrimony,  impediments 
to,  75- 

Nihilists,  40. 

Nubile  age,  lack  of,  77. 

Oath,  69. 

Orders,  Major,  79. 

Ordinary,  meaning  of  the 

term,  4. 
— ,  military,  10. 

Pandering,  79. 

Papal  reserved  case,  the, 

21. 
Pastors,  5. 


Penalties,    vindictive,    96, 

99. 
Penance,    Sacrament    of, 

3,  23,  50- 

• — ,  — ,  minister  of,  11. 

Peregrini,  12. 

Precepts,  the,  of  the 
Church,  59. 

— ,  — ,  forbidding  matri- 
mony, 76. 

Property,  alienation  of 
ecclesiastical,  44. 

Rape,  79. 

Recourse,  100. 

— ,  obligation  of,  51. 

— ,  procedure  in,  54. 

Rectors,  of  seminaries,  6. 

Relationship,     legal,    75, 

81. 
— ,  spiritual,  81. 
Religion,  mixed,  76. 
Reservations,  21. 


n8 


INDEX 


Schismatics,  37,  97. 

Simony,  42. 

Sins,  reserved,  20. 

— ,  — ,  absolution      from, 

24. 
Societies,  secret,  40. 
Sodomy,  79. 
Sunday,    observance    of, 

61. 
Superiors,  Regular,  4,  6. 
Suspension,  30. 
— ,  of  a  vow  or  oath,  71. 
Suspensions,  latae  senten- 

tiae,  46. 

Tempus  clausum,  yy. 


Trent,  Council  of,  3. 

Vagi,  12. 

Vetitum  ecclesiae,  j6. 
Vicars,  parochial,  5. 
Violation,      of      religious 

cloister,  40. 
Violence,  personal,  to  the 

Pope,  36,  98. 
Vow,  68. 

Vows,  solemn,  79. 
— ,  of  chastity,   virginity, 

to  enter  religion,  75. 

Work,  prohibition  of  on 
Sunday,  61. 


THE  CATECHISM  OF 
THE  COUNCIL  OF  TRENT 

FOR  PARISH  PRIESTS 

Issued  by  Order  of  Pope  Pius  V 

Newly  Translated  and  Annotated  by 
CHARLES  J.  CALLAN,  O.P.,  and  JOHN  A.  McHUGH,  O.P. 

Professors  in  the  Theological  Faculty  of  Maryknoll  Seminary 

With  Complete  Index  and  Appendix  of  Dogmas  Defined  from 
the  Council  of  Trent  to  this  Day 

Cloth,  net  $S-°° 

The  Catechism  of  the  Council  of  Trent  is  still  held  in  highest 
esteem  as  "THE  BEST  SUMMARY  IN  ONE  VOLUME  OF 
CATHOLIC  DOCTRINE  PUBLISHED  SINCE  THE  TIME 
OF  THE  APOSTLES."  For  this  reason  its  use  has  constantly 
been  commanded,  ever  since  it  was  written,  by  the  hierarchy  and 
many  Popes,  including  Pius  V,  Gregory  XIII,  Clement  XIII,  and 
more  recently,  Leo  XIII  and  Pius  X. 

The  Fathers  of  the  Council  desired  that  parish  priests  do  exactly 
what  Cardinal  Newman  did,  who  said: 

"I  rarely  preach  a  sermon  but  I  go  to  the  beautiful  and  complete  Catechism 
to  get  both  my  matter  and  my  doctrine."    (Apologia,  p.  425) 

—that  is,  to  consult  the  "Catechism,"  before  proceeding  to  catechize 
the  faithful,  to  read  it  often  and  have  its  contents  firmly  fixed  in 
mind  or  readily  available  for  use. 

The  only  edition  ever  published  in  English,  printed  in  1839,  was 
criticized  on  account  of  its  crude  literary  style;  moreover  it  has 
been  out  of  print  for  considerable  time. 

To  make  this  great  work  more  available  for  English  readers, 
and  to  answer  the  general  demand  for  an  up-to-date,  annotated 
edition,  is  the  purpose  of  this  work. 

JOSEPH  F.  WAGNER,  Inc.,  Publishers    New  York 


A   PAROCHIAL   COURSE 

OF 

DOCTRINAL  INSTRUCTIONS 


His  late  Holiness 
Pope  Benedict  XV 
considered  the 
plan  of  this  work 
worthy  of  his 
commendation 
and  bestowed 
upon  it  the  honor 
of  his  personal 
letter  of  praise 
and  approval. 


FOR  ALL  SUNDAYS  AND 
HOLYDAYS  OF  THE  YEAR 

Based  on  the  Catechism  of 

the  Council  of  Trent,  and 

Harmonized    with    the 

Gospels  and  Epistles 

of    the    Sundays 

and  Feasts. 

Prepared  and  Arranged  by 
Charles  J.  Callan,  O.P.,  and 
John  A.  McHugh,  O.P. 

Professors    In    the    Theological 
Faculty  ol  Mary  knoll  Seminary 


In  his  Introduc- 
tion to  the  work 
Archbishop  Hayes 
says:  "No  more 
timely  and  valu- 
able contribution  to 
the  Catholic  Pulpit 
could  possibly  be 
made  than  the 
Parochial  Course 
of  Doctrinal  In- 
structions, pre- 
pared by  Reverend 
Fathers  Callan 
and  McHugh." 


With  an  Introduction  by  the  Most  Rev.  Patrick  J.  Hayes,  D.D., 
Archbishop  of  New  York 

Complete  in  Four  Volumes.    Cloth,  per  set,  net  $14.00 

The  chief  purpose  of  this  work  is  to  make  available  for  practical 
use  in  parochial  preaching  the  Catechism  of  the  Council  of  Trent, 
and  to  carry  out  the  wish  of  the  Fathers  of  the  Council  that  its 
contents  be  so  treated  as  to  harmonize  with  the  Gospels  and  Epistles 
of  the  Sundays  and  Feasts  throughout  the  year. 

This  work,  by  a  very  carefully  devised  plan,  covers,  in  harmony 
with  the  liturgy,  all  DOGMATIC  SUBJECTS  in  one  year,  and  all 
MORAL  SUBJECTS  within  the  limits  of  a  second  year. 

Both  clergy  and  laity  will  thus  be  taken  over  the  entire  field  of 
Christian  doctrine  in  a  space  of  two  years,  while  reading  and  hearing 
the  Gospels  and  Epistles  of  the  Sundays  and  Feasts. 


JOSEPH  F.  WAGNER,  Inc.,  Publishers    New  York 


THE  GOSPELS  AND  EPISTLES 
OF  THE  SUNDAYS  AND  FEASTS 

WITH  OUTLINES  FOR  SERMONS 


BY 

CHARLES  J.  CALLAN,  O.P.,  and  JOHN  A.  McHUGH,  O.P. 

Professors  in  the  Theological  Faculty  of  Mary  knoll  Seminary 

Flexible  Imitation  Morocco,  Red  Edges,  with  Ribbon  Marker, 
Net  $3.00 

The  advantage  to  the  priest  of  having,  for  each  Sunday  and 
Feast,  the  CHIEF  POINTS  AND  OUTLINE  OF  A  COMPE- 
TENT SERMON  (on  both  a  DOGMATIC  and  a  MORAL 
SUBJECT)  before  him,  in  the  same  book  from  which  he  reads 
the  Gospel  and  Epistle  of  the  day,  must  be  obvious. 

These  Outlines  form  a  complete  course  of  Catholic  doctrine 
within  the  course  of  two  years,  on  subjects  both  dogmatic  and 
moral,  taken  from  the  Gospels  and  Epistles,  so  that,  by  means 
^  of  these  Outlines,  both  clergy  and  laity  will  be  taken  over  the  whole 
field  of  Christian  doctrine  in  two  years,  all  dogmatic  subjects 
being  treated  in  the  first  year,  and  all  moral  subjects  in  the  second. 

The  plan  of  this  work  is  practically  the  same  as  that  published  some 
eighteen  months  ago  in  program  form  for  the  Archdiocese  of  New 
York. 

The  merit  of  this  plan  is  attested  by  the  fact  that  it  has  teen 
adopted  as  official  in  some  THIRTY  DIOGE8E8  of  the  English-speak- 
ing world. 

While  this  book  is  of  great  value  to  any  preacher,  it  will  be  espe- 
cially serviceable  in  connection  with  the  PAROCHIAL  COURSE  OP 
DOCTRINAL  INSTRUCTIONS,  since  the  "Outlines"  are  the  same  as 
those  incorporated  in  this  work.  The  explanatory  matter  of  the 
"Parochial  Course"  will  be  readily  brought  to  the  mind  of  the  preacher 
by  having  the  chief  points  before  him  in  the  book  from  which  he  reads 
the  Epistle  and  Gospel. 


JOSEPH  F.  WAGNER,  Inc.,  Publishers    New  York 


Commentary  on  the  New  Testament 

BY 

CHARLES  J.  CALLAN,  O.P. 

Professor  of  Sacred  Scripture  in  the  Catholic 
Foreign  Mission  Seminary,  Maryknoll,  N.  Y. 


The  Epistles  of  St.  Paul 

With  Introductions  and  Commentary  for 

Priests  and  Students 

With  Map,  Cloth,  net  $6.00 

Volume  I 

Romans,  First  and  Second  Corinthians,  Galatians 


The  Four  Gospels 

With  a  Practical    Critical  Commentary  for 

Priests  and  Students 

With  2  Maps,  Cloth,  net  $4.00 


The  Acts  of  the  Apostles 

With  a  Practical    Critical  Commentary  for 

Priests  and  Students 

With  2  Maps,  Cloth,  net  $2.50 


Endorsed  and  recommended  by  His  Eminence,  Cardinal  Gas- 
quet,  Very  Rev.  A.  J.  Maas,  S.J.,  Bishop  Shahan,  Rector  of  the 
Catholic  University,  Rev.  Walter  Drum,  S.J.,  Rev.  Francis  E. 
Gigot,  D.D.,  and  many  other  well  known  authorities. 

JOSEPH  F.  WAGNER,  Inc.,  Publishers    New  York 


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